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Felony and Misd

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Airbaby1969

Guest
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?
 
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garrula lingua

Senior Member
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.
 
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Airbaby1969

Guest
Thank you

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