QUESTION

Maximum Time for a Misdemeanor VOP?

Asked on Mar 01st, 2013 on Criminal Law - Florida
More details to this question:
My girlfriend was arrested on 2/26/2013. She had an active warrant in Citrus County for a Violation of Probation on her original case of Domestic Battery and Petit Theft. She was told that she could be looking at the three (3) years in jail. She had three prior arrests as well. 10/1/2012 for Petit Theft; 10/15/2012 for Domestic Battery; and 12/9/2012 for Adult Pick Up Order (failure to pay child support). What is the maximum jail time she can serve for a the V.O.P. they are charging her with, keeping in mind the additional details I have provided?
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1 ANSWER

Criminal Law Attorney serving St. Petersburg, FL at Sandefer Law Firm
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The maximum on any VOP is the maximum on the underlying charge, less any time already served on that particular charge.  On a domestic battery, misdemeanor, the max is 1 year county jail.  On a first time petit theft it is 60 days but on a second or more petit theft it is one  year, with the exception that a fourth petit theft could have been filed as a felony.  But if it was not, the max is a year.  So, to get to three years there must be 3 charges she violated on.    
Answered on Mar 01st, 2013 at 5:00 PM

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