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What Happens At A Probation Violation Hearing

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  • 08-07-2007, 07:06 PM
    naplesnative86
    What Happens At A Probation Violation Hearing
    My husband is in jail right now on a violation of probation. He has a hearing for a plea set this month. What will go on at the hearing? He scores out to 21.8 months right now with crediting time already served. He served 25 months already. The DA is trying to get him 48 months. Can they do this? What is the worse that he will get?
  • 08-09-2007, 12:35 AM
    goofer
    Re: What Happens At A Probation Violation Hearing
    depends on a lot of things. in Florida the court can give you one sentence, & the DOC can add to it by forfeiting your gaintime from time previously served. (crime before Oct 1989 allows you credit for gaintime as time served, Oct 89 till 1994 allows the DOC discretion to forfeit your gaintime, anything after requires automatic forfeiture) also, depends on which sentencing guidelines you fall under. (1983, 1994, 1995, & the Criminal Punishment Code)
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