Vanderbilt Beach, FL Criminal Defense Law Firms & Lawyers

Since I do not represent your granddaughter, I cannot advise you as to her cases or charges.  However, I will provide you with some general information based on the facts, assuming they are correct, that you submitted.  Unless she pled to or was found guilty at trial of more than one charge in the first case, it would appear that it was a felony charge.  The highest level of a misdemeanor charge only carries up to a maximum probation period of one year.  Therefore, she could only be placed on probation for 18 months if the charge was a felony -- or if there was more than one misdemeanor charge.  Additionally, even if she violates her probation, she could not be sentenced to more than a year in jail on a first degree misdemeanor -- so it would seem she must have been on probation for a felony charge in the first case.  Even if she has no other criminal record, if the court determines that she violated her probation (assuming it was a third degree felony charge), the court could sentence her to prison for up to 5 years.  That does not mean that is what will happen -- but only that legally the court has the power to do that.   Depending on the facts of the second case (and keep in mind the facts as relayed by law enforcement may not match the facts as relayed by your granddaughter), even if she was only charged with a misdemeanor in that case, it could easily be sufficient to violate her probation.  However, also depending on the facts in that case, if law enforcement did not have any legal reason to make a warrantless search of the car she was driving (even if it was not hers) -- and if law enforcement did not get her consent to search the car, there may be grounds for filing a motion to suppress the evidence.  The outcome of such a motion could determine whether the state can proceed with the charge in the new case -- as well as any violation of probation in the original case.  Her attorney should be able to provide legal advice and further explanation as to that.       

After being sentenced, there is no procedure for getting a sentence reduced or changed to the 15-year offer that was made prior to going to trial.  Although the state often engages in what is referred to as "plea bargaining" (i.e., making an offer to try to get a case to settle via a plea rather than going to trial), the state never is required to make any offers.  So even if your brother's case were to be reversed (which is unlikely if, as you indicated, all appeals have been exhausted and denied) and sent back to court for futher hearings, the state would not have to make any offer.  If you find some way to get the case reversed or sent back to the trial court (e.g., newly discovered evidence that could not have been discovered previously -  or -- ineffective assistance of counsel that was not previously known), the state still is under no obligation to make an offer.  The chances at this point of finding some legally-sufficient reason to get the case sent back to the trial court are very unlikely.   Be aware that if, despite overwhelming odds, your brother comes up with newly discovered evidence or ineffective assistance of counsel that could have not been discovered previously, he could file a motion for post-conviction relief.  (If he is in prison for a life sentence, it is likely that he already has tried filing at least one, if not more, post-conviction relief motions.)  Post-conviction relief motions must be filed within two years after grounds for the motion exist.  (Or within two years after the defendant, through the exercise of due diligence, should have been aware of the grounds for such a motion.)  So even if your brother just learned of some new grounds, if the court decides that the grounds existed four years ago and that your brother should have been aware of them at least two years ago, your brother will loose the right to file the motion on those grounds.