Results 1 to 5 of 5
  1. #1
    Join Date
    Nov 2011
    Posts
    3

    Default Appeal and Probation

    My question involves criminal law for the state of: Florida


    A defendant in FL was sentenced to 2 yrs community control followed by 10 yrs probation. The State filed an appeal stating the judge downward departed from sentencing guidelines without proper mitigating factors. Appellate court rules in favor of the State, case was sent back to sentencing judge for re-sentencing. A month before being re-sentenced, said defendant is arrested for Failure to Register, and also Violation of Probation for the new charge of failing to register. Is this defendant still on probation since the appellate court has issued mandate indicating he needs to be re-sentenced?

    Thanks in advance for any insight.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appeal and Probation

    As I expect his lawyer has already told him, yes, he is.

  3. #3
    Join Date
    Nov 2011
    Posts
    3

    Default Re: Appeal and Probation

    His lawyer hasn't told him that. Do you know where to find case law stating that he is? I've searched and can't find anything. His lawyer says he is in a grey area and even they aren't sure. Thanks!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appeal and Probation

    You can look for case law on sites like Google Scholar and the LexisNexis community.

    Obviously he should be communicating with his lawyer.

  5. #5
    Join Date
    Nov 2011
    Posts
    3

    Default Re: Appeal and Probation

    Thank you for the link. I will check it out. And he is communicating with his lawyer, as I am as well. They just have not been able to provide a cut and dry answer, because they are having to do research to find the answers. I am trying to do my own research as well, so I can try to prepare myself for what is to come. This is my husband, I am a stay at home mom, and we have two kids - so I need to know what to expect so that I can figure out how to support our family so we don't lose everything we have. Again.

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: Suggested Sentence from Probation Office for a Probation Violation
    By Crh in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 11-02-2011, 02:37 AM
  2. Retail Fraud / Shoplifting: Probation Revocation Due to Failure to Pay Fines and Probation Fees
    By wstxyellowrose in forum Criminal Charges
    Replies: 1
    Last Post: 04-06-2011, 11:26 PM
  3. Probation and Parole: Chances of Getting Off Probation Early if Probation Officer Writes Letter to Judge
    By clockonthewall in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 06-17-2010, 09:48 AM
  4. Probation and Parole: Probation Violation The Court Doesn't Discover Until You're Off Probation
    By Theft in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 11-10-2009, 02:47 PM
  5. Probation, Tickets in Different States, Court Date After Probation is Over
    By Ferahgo in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-15-2009, 09:06 AM
 
 
Sponsored Links

Legal Help, Information and Resources