Okeechobee, FL Criminal Defense Law Firms & Lawyers

In Florida, it is possible to be sentenced to prison for up to five years on a third degree felony.  (Depending on a person's prior record -- and history of incarceration, there is some potential for an even greater sentence.)  However, if the person has no prior record, then under normal circumstances the Defendant would not be sentenced to state prison.  Nonetheless, the judge could impose a jail sentence of up to a year -- even if the Defendant has no prior record.  However, without a prior record, such a sentence also would be unlikely -- but not unheard of.  The sentence would depend largely on whether there was a plea bargain or whether the Defendant was found guilty at trial.  Absent a plea bargain/agreement, the sentence would depend largely on how the assigned judge views the case and exercises his/her sentencing discretion. Even if the Defendant was not sentenced to any jail or prison time, but placed on probation, he/she could face future jail or prison if he/she were to violate the conditions of probation.   The best way to avoid a jail or prison sentence is to win at trial (for those who are willing to take the chance) -- or negotiate a plea bargain (including any possibility of some kind of deferred prosecution) that eliminates a jail or prison sentence.  It would be good to fully discuss these options, potential outcomes, and ramifications with your attorney.      

Since you were arrested and in jail, I assume you either bonded out immediately or went to a First Appearance Hearing (FAH).  If you went to a FAH, the judge should have asked whether you had, or wanted, an attorney.  Hopefully, you said "yes" to one of those questions.  If so, I assume you have either a court-appointed attorney or are in the process of retaining a private attorney to represent you.  That attorney should review the arrest and search procedure that was used in your case. There are too many factors that could influence what law enforcement had the right to do.  (So there is insufficient information, without seeing the various police reports, to know whether there was an illegal search -- or what defenses you may have.  Consequently, you need to set an appointment to discuss this with your attorney, who can request "Discovery" (which should include police reports).  In the meantime, remember you have the right to remain silent.  That means you do not have to talk about what happened with anyone.  So I would suggest that you not discuss the facts of this case with ANYONE (not even family members) until you meet and discuss it with your attorney.  Your attorney can then advise your further as to your right to remain silent and whether to exercise it further.      

The time your son served will be given as credit on any new sentence he may receive after he has his new trial, and is convicted, if he is not convicted then he is free to go. This does not address the time he served while doing time waiting for trial and appeal. Sadly there is no recourse for that unless there was a blatant illegal arrest in the first place, I doubt that, since your son was convicted after a trial. The fact that the appeal court found error in the conviction and sent the matter back to the lower court for re trial is in your favor, of course. The lower court cannot threaten to give him a bond. Giving him a bond is a consideration for him. You may mean the lower court threatened not to give him a bond. Yes, you can serve time for a case you have already done time for. You may be sentenced to a period of time in excess to the time you already served, and in that case you will be then be given credit for time served against your new sentence.