Because misdemeanor sentences often include probation, violations of probation frequently occur:
- A violation of probation subjects the person to the maximum allowable jail sentence under the law for the underlying offense
- There are technical violations of probation and substantive violations of probation
- Any new offense committed while on probation subjects the individual to a substantive violation of probation.
When a person is Baker Acted, the individual is either detained in a hospital or mental health facility on a 72-hour hold for monitoring. If after the 72-hour watch period the individual is detained, a Baker Act hearing must be held to determine whether the individual meets the criteria for involuntary detention.
The Juvenile Criminal System is referred to as the Delinquency System. While the Juvenile system is generally set up the same as the criminal system, the terminology used is very different. For example, juveniles are not Adjudicated Guilty they are Adjudicated, Delinquent. Additionally, the goal of the juvenile system is rehabilitation, whereas the goal of the criminal system is punishment. This means there is a lot more room for creativity when working towards a resolution of your child’s case.
In certain instances, Florida Law allows an individual to have their criminal record sealed or expunged pursuant to Statutes 943.085 and 943.059. Having your record sealed or expunged results in the record being hidden from a public background search. To determine whether you are eligible for sealing or expungement, your criminal record must be reviewed.
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