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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99416
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a friend who is currently incarcerated in the state

Customer Question

I have a friend who is currently incarcerated in the state of Florida. He currently has filed an appeal of his conviction based on questionable evidence, and the assistant state attorney (after getting various extensions) has finally submitted her reply to the pro se motion for post conviction relief. The state attorney's office has not been reliable as far as forwarding copies of her responses to my incarcerated friend, who is not in any position (obviously) to go to the office to obtain a copy. I went down to the Miami Dade county clerk's office to try and obtain a copy for him, but was told that the document was "still in court". How do I get a copy of the state attorney's response so my friend can have the opportunity to reply to her report before the judge makes a ruling on the appeal?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am sorry for your friend's situation. Now, honestly, I do not believe that they were giving you the 'run around.' It takes several days for a pleading to be processed, scanned, and filed. In some counties, it can take a few days or even a week. It is not unusual to have a pleading unavailable.

In the alternative, the clerk may have meant that the pleading(s) were still part of the active case-file, but even then, this should not be unavailable, for it is public record.

So what is your best course of action? I would recommend getting him to fill out a Power of Attorney with your name, having it notarized, and getting him to send it to you after singing it. He should be able to get it relatively easy in the prison's law library. You would then have authority to request anything/everything that he could in the Clerk's office. Assuming that was the issue, this would cure it. If the motion really was simply being processed still, then it should be available by the time you come back with the POA.

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