My question involves criminal law for the state of: Florida
My daughter is currently in jail for her 3rd VOP. It has been about 10 months since she was placed on Community Control after her 2nd VOP. Since then she has started school, got a job and was promoted to manager, but still managed to get violated again (Not updating her address in time and testing dirty for marijuana). They told her today that the state was looking for 36 months in prison however her PD told her to go in with an open plea. Is this the right way to tackle it or should she give a different plea therefore hoping to get a shorter sentence? Any assistance is greatly appreciated. Her history is below:
8/16/2012 Arraignment for VOP REOPENED - CRIMINAL COURT
3/17/2011 AGGRAV BATTERY: PERSON USES A DEADLY WEAPON Second Degree Felony Withheld Adj.
3/17/2011 BATTERY-TOUCH OR STRIKE First Degree Misdemeanor NOLLE DEFENDANT SENTENCED ON OTHER CHARGES
1/26/2012 Compliance Docket
7/12/2011 DRUG EQUIP-POSSESS: AND OR USE First Degree Misdemeanor Withheld Adj.
7/12/2011 LIQUOR-POSSESS: BY PERSON UNDER 21 YOA 1ST OFF Second Degree Misdemeanor NOLLE DEFENDANT PLED TO OTHER COUNTS SAME CASE
7/12/2011 VOP Status Conference
6/17/2010 LARC: PETIT THEFT 2ND DEGREE 1ST OFFENSE Second Degree Misdemeanor Guilty Adjudication
7/26/2011 Pre-Trial Conference CLOSED
7/26/2011 DUI ALCOHOL OR DRUGS Not applicable Misdemeanor level Guilty Adjudication
7/26/2011 DRIVE WHILE LIC SUSP 2ND OFF First Degree Misdemeanor NOLLE DEFENDANT PLED TO OTHER COUNTS SAME CASE
7/14/2011 Arraignment CLOSED
7/11/2011 DWLSR FIRST OFFENSE Second Degree Misdemeanor Consolidated
TRAFFIC CONSOLIDATED
7/28/2011 TRAFFIC CONTROL DEVICE - FAIL TO OBEY Traffic Moving Infraction CONSOLIDATED

