Glendale Heights, IL asked in Criminal Law for Florida

Q: If someone was convicted for AGG BATTERY/W/DEADLY WEAPON and sentenced to 12 years but got out after 7 1/2 years and

While on probation and after 3 months of being released gets arrested for fighting and out back in jail, goes to trial is not found guilty but has to go back to prison for remainder of sentence for violating parole. This person said something about about the case law 784.021.1A and wanting to know when it came into affect bc he thinks he is in prison on a technicality and feels it's unjust and is demanding release. I don't know enough about it to see if he's right or wrong.

Related Topics:
3 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: Short answer: if you’re on probation and get arrested, his PO has a right to file a violation.

The violation “should” be worked out with the underlying case.

Questions remain outstanding; was there PC for a new arrest ( fighting), please tell me he didn’t plea to go home, priors. Is this a first violation.

No lawyer can answer these questions on line. I strongly suggest you limit your set of facts lest you be called as a witness.

You’re best play is to call a few lawyers in your jurisdiction and go with someone y’all ( including most importantly the defendant) feel comfortable with.

Free advice: we as lawyers love to answer questions but remember big brother monitors this site so DONT say anything to incriminate your friend.

Call a local lawyer tonight!

Best,

Terrence

Henry George Ferro agrees with this answer

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: Hire a lawyer ASAP...

Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: Law Enforcement monitors Justia legal Q and A pages? Do you know that for a fact?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.