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  1. #1

    Default Violation of Probation While Serving a Split Sentence

    My question involves criminal law for the state of: Florida
    If a criminal defendent receives a split sentence of prison followed by probation, serves the full prison sentence and part of the probation sentence and violates while on probation, does any of the time served on probation count towards whatever sentence the court imposes on the defendent? Example: if the conviction carries a maximum penalty of 5 years in prison, and the defendent serves 1 year in prison and violates probation after doing 2 and a half years of probation, can the Court still require the defendent to serve 4 years of prison?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Violation of Probation While Serving a Split Sentence

    Florida is not obliged to give you any credit for probation time. Your SENTENCE has nothing to do with it either. The probation violation can result in you being sent to prison for the maximum time authorized by law for the charge you were convicted, less credit for any actual time you were previously incarcerated on the charge.

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