QUESTION

my grandaughter was arrested for the 1st time in her life she wasn't doing drugs but the boy she was with had them on him

Asked on Apr 12th, 2014 on Criminal Law - Florida
More details to this question:
she tried to hide the boys drugs for him he told her not to but she did it anyway so she was arrested for that ..she is not very smart when it comes to boys she has 3 kids and is 23 but she thinks she is invisible that was a lesson she needed ..she was give 50 community hours 18 months probation. but just 5 days ago she was at a friends house and getting ready to leave not sure WHY but she was parked in a empty lot by her friends house she was in the van leaving and was stopped WHY? then the police they searched her car didn't ask because the car was not hers then they didn't read her -her rights and they found a pipe (empty) under a seat she DOESN'T do drugs they tested her again no drugs she spent 5 days in jail has a court date in June I am worried they will say it was a vop and go to jail for 5 yrs she was told it was a misdemeanor but yet she is being treated like a terriost WHY? she has NEVER been in trouble before her 1st arrest a few months ago this seems harsh to me
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1 ANSWER

Criminal Law Attorney serving Bartow, FL
1 Award
Since I do not represent your granddaughter, I cannot advise you as to her cases or charges.  However, I will provide you with some general information based on the facts, assuming they are correct, that you submitted.  Unless she pled to or was found guilty at trial of more than one charge in the first case, it would appear that it was a felony charge.  The highest level of a misdemeanor charge only carries up to a maximum probation period of one year.  Therefore, she could only be placed on probation for 18 months if the charge was a felony -- or if there was more than one misdemeanor charge.  Additionally, even if she violates her probation, she could not be sentenced to more than a year in jail on a first degree misdemeanor -- so it would seem she must have been on probation for a felony charge in the first case.  Even if she has no other criminal record, if the court determines that she violated her probation (assuming it was a third degree felony charge), the court could sentence her to prison for up to 5 years.  That does not mean that is what will happen -- but only that legally the court has the power to do that.   Depending on the facts of the second case (and keep in mind the facts as relayed by law enforcement may not match the facts as relayed by your granddaughter), even if she was only charged with a misdemeanor in that case, it could easily be sufficient to violate her probation.  However, also depending on the facts in that case, if law enforcement did not have any legal reason to make a warrantless search of the car she was driving (even if it was not hers) -- and if law enforcement did not get her consent to search the car, there may be grounds for filing a motion to suppress the evidence.  The outcome of such a motion could determine whether the state can proceed with the charge in the new case -- as well as any violation of probation in the original case.  Her attorney should be able to provide legal advice and further explanation as to that.       
Answered on Apr 12th, 2014 at 4:57 PM

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