How many points is a technical violation in Florida?

1 views 1 answers
My boyfriend was on felony probation. He scored 40.4. He got a technical violation for not reporting. How many points is that worth?

Attorney Answer

1
Michael Haber ·
For sentencing / points purposes there's no difference between technical and substantive VOPs (the difference is that with a technical you only face sentencing for the original offense whereas with substantive you not only face sentencing for the original offense but also consecutive sentencing for the new law violation). That said without knowing his underlying charge I can't tell you what is exposure is but I can tell you that if it was a 3rd degree felony then he faces 5 years in prison, if it was a 2nd degree felony then he faces 15 years in prison and if it was a if it was a 1st degree felony then he faces 30 years in prison REGARDLESS of his points (as points are advisory and not mandatory). So focusing on points is, well, pointless, and rather than focusing on penalties perhaps you should consider how to beat or mitigate your b/f's VOP (hint: hire a lawyer... or not... it's your b/f's case and your b/f's life)? Wishing your b/f luck and hoping that I have been helpful in answering your question.
0 upvotes