Asked in Criminal Law for Florida

Q: If you were originally charged with a felony, but give a misdemeanor probation if you violate in Florida, is it a felony

Can the judge revoke the misdemeanor and reinstate the felony?

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2 Lawyer Answers
Leonard Louis Cagan
Leonard Louis Cagan
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: If you pled to a misdemeanor as part of the plea negotiation then the case became a misdemeanor. The judge cannot change the charge back. The State has power over the charge and the judge power over the sentence. Depending on what type of misdemeanor you pled to you can still receive up to a year in jail per count. Any felony which remained after the plea bargain retains its original exposure in sentencing. I would recommend speaking to a local Florida attorney to look at the specifics of your situation.

Jonathan Blecher agrees with this answer

Jonathan Blecher
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: The State is likely barred from refiling the felony, in any event. But, no the judge can't reinstate the charge but might consider the entire circumstances of the case when sentencing on the probation violation.

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