QUESTION

how much tine would i be likely to get for removing gps monitor in duval county fl original charge is a misdameaner

Asked on Aug 11th, 2016 on Domestic Violence - Florida
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1 ANSWER

Michael H. Fayard
First off, you shouldn't remove your GPS, because that is a violation of the terms of your probation. The amount of time you get on the charge really depends on the facts of the underlying case and your prior record. Most misdemeanors, however, range between 60 days and one year in county jail as far as jurisdiction. As such, the state can ask for the remainder of your probation to be served in jail because you are not suitable for probation. Second, and more importantly, after October 1, 2016, you can be charged with a 3d felony for tampering with the GPS monitor. Section 843.23, Florida Statutes was recently passed which makes the removal or tampering with certain electronic monitors a felony with the maximum punishment of up to five years in the department of corrections. Given that you failed to follow the terms of simple, misdemeanor probation, you would most likely be looking at county time, or worse, DOC time for removing your GPS—not to mention if you committed a new law violation while removing the GPS. In closing, don’t do it. It is not worth it. A better course would be petitioning the court through a motion to modify to remove the GPS as a condition of your probation.     
Answered on Aug 11th, 2016 at 7:14 PM

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