QUESTION
What are the chances that I will serve the 90-day sentence?
Asked on Jan 12th, 2013 on Criminal Law - Florida
More details to this question:
I was told by the judge that if he seen me again for 24 months that I would serve a (90 day suspended sentence) on my first time offense of disorderly conduct that I plead guilty too. It’s been 18 months and now I’m awaiting court on charges of domestic violence in which the office pressed charges, however the office has now determined that false allegations was mad against me and is dropping the charges.
7 ANSWERS
Geoffrey MacLaren Yaryan
If the sentence was suspended and you violated your probation, then it is likely you will do the 90 days.
Answered on Jan 21st, 2013 at 1:53 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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If the new charges were dropped, the prosecutor and judge could still try to prove a probation violation by lower burden of proof, so if they continue to harass you, get a lawyer.
Answered on Jan 16th, 2013 at 1:29 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Depends on many factors. The burden of proof on a probation violation is only by a preponderance of the evidence, while the BoP on a new charge is beyond a reasonable doubt. Even if the state cannot make the case BRD, a judge could find sufficent evidence by a preponderance.
Answered on Jan 16th, 2013 at 1:19 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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Pretty slim. First your new law offense was dropped. Why would you see this judge, or any judge for that matter, if the case was dropped? If the charges are dropped then you have nothing to do. The judge can't sentence you on something that was dropped, and even if it wasn't dropped, you are still presumed innocent and the judge can't sentence you unless you plead guilty/no contest or are found guilty in a trial. Second, you're not on probation in you disorderly conduct case because that is a second degree misdemeanor with a maximum punishment of 60 days in jail or 6 months probation, so the judge has no authority to sentence you in that case either.
Answered on Jan 16th, 2013 at 1:19 PM
Michael J. Breczinski
If the case gets dismissed and you have done nothing to violate the probation then you will not serve the time.
Answered on Jan 16th, 2013 at 1:19 PM
I would have to look at the judge's order, and your new charge to get a picture of your situation. One thing is clear, in most assault and domestic violence cases the defense attorney will insist on a preliminary examination to force the victim to appear and testify against the Defendant. If the victim does not appear, the charge is dismissed in most cases. Even if the victim does appear the examination can result in valuable information for your defense.
Answered on Jan 16th, 2013 at 1:18 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to get an attorney. You are probably looking at 90 days in jail.
Answered on Jan 15th, 2013 at 2:24 PM