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  1. #1
    Join Date
    Apr 2010
    Location
    Florida
    Posts
    1

    Question New Law Violations

    My question involves criminal law for the state of: Florida

    At the beginning of 2009 my husband got put on five years probation for a robbery charge. He just recently changed his address and the police showed up to violate him for not having an address, but it turned out his probation officer forgot to make a note of the new address however, when the police showed up at his new address to violated him, they walked in on him with a marijuana grinder in his hand, and weed in his lap. they then searched him and found an empty baggy in his pocket, they scraped the bag and it tested positive for meth. they gave him a drug test and he passed it. They are now charging him with Marijuana possession not more than 20 grams, drug equipment, and possession of controlled substance without a prescription. The controlled substance charge is his only felony, and an investigator has told him that they could possibly get that dropped to misdeminer also. My question is with his new law violation will he be going to prison, and if so any estimates on how long? If they can drop the felony to a misdeminer, will that help him out any? also, is there anything that can be done about his probation officer's mistake about the address that can help his case any?

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

    Default Re: New Law Violations

    He's on probation for robbery, so there is a chance of prison for a probation violation. If he wants to know the odds of that, or what his sentence is likely to be, he should be talking to his criminal defense lawyer.

    Without more facts, I can't speculate over whether he would have a chance of trying to suppress the evidence found in his lap. His lawyer should have the police report, and may have other information about what happened, so again his lawyer is the person to ask.

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