Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-04-2007, 01:14 AM
Airbaby1969
Guest
 
Posts: n/a

Felony and Misd


What is the name of your state? Florida

I was charged in 2004 for ontaining script/fraud (felony). 2 years into my 4 year probation sentence I VOP'd with the same charge, only a misdemeanor this time. I was fighting the second charge at its outcome determined my sentence on the VOP, (So i thought). How is it they can sentence you on the VOP without even knowing if you are guilty of the new charge or not? My sentence on the VOP was 365 alternative sentencing/work release. I wear an ankle bracelt. I had 217 in already so I only have 73 days to serve which 45 are finished. Since then, the misd. case has been dropped ( All charges). And my private atty, says I still have to finish out my VOP Sentence. He says its the new way they are doing things. Why am I still guilty of VOP if the charges were dropped and how do they sentence you without even knowing?

Last edited by Airbaby1969; 05-04-2007 at 01:15 AM. Reason: Typo
  #2  
Old 05-04-2007, 02:03 AM
Senior Member
 
Join Date: Jun 2005
Posts: 2,426
The standards are different:
for a new charge, the Prosecutor has the burden of proving the offense 'beyond a reasonable doubt', and,
for a VOP, the Prosecutor has to prove the offense 'by a preponderance of the evidence'.

The standard of proof for a VOP is much less.

Also, the two have always been separate.
You may never be charged with the new offense, but the VOP may be substantiated
...and, you can be found to be in violation AND guilty of the new charge and receive two sentences.
  #3  
Old 05-04-2007, 07:35 AM
Airbaby1969
Guest
 
Posts: n/a

Thank you


Yes, thats what my lawyer told me, Thanks for the input and confirmation on previous information given.
Have a GREAT day!
Renee

Last edited by m martin; 06-25-2007 at 03:59 PM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:05 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.