Accepted Answer

I can give you some basic information here, but this is a complex situation which will ultimately require more legal help than can be provided in this setting. Your primary reliance will have to be on your son's lawyer in Kansas, as he is most familiar with the case there. It may also be necessary and certainly would be appropriate to consult with appellate counsel in Florida regarding an appeal or writ on the issue of ineffective assistance of counsel.

That said, the plea of nolo contendere in Florida establishes enough, all by itself, for the Kansas court to violate his probation and impose the suspended prison sentence. Whether or not it was ineffective assistance of counsel for his Florida attorney to recommend this plea depends on a number of factors, the most important of which are: (1) whether the Florida lawyer knew about the Kansas case; and (2) the strength of the case in Florida.

If the Florida lawyer knew about the Kansas case, then the primary consideration will be whether the plea agreement in Florida resulted in a sentence which was reasonable in light of the strength of the Florida case.

I am not clear on whether the Florida court has actually sentenced your son already, or whether sentencing is still pending there, since you said you want the court to give him probation. Frankly, straight probation on a level 3 felony for sale and possession of a counterfeit drug, where the defendant has a prior felony conviction, would be highly unusual.

On the other hand, if the Florida court has imposed or at least agreed to a concurrent sentence to the 24 months in Kansas, that might be a factor indicating that this was a reasonable conclusion to the case. Of course, other factors would have to be considered as well, which is why a consultation with a Florida appellate attorney would be appropriate.

I'm not sure what you mean by your question about the differences between a 30 day appeal and a post sentence reduction. Generally, a notice of appeal has to be filed within 30 days after the sentence is imposed. An appeal is heard by a higher court, while a post-sentence motion for reduction of sentence would be considered by the sentencing court.

I hope this helps clear up some of your confusion. Good luck to you and your son.

Expert:	RunTam38 CA Lawyer
Pos. Feedback:	99.6 %
Accepts:
Answered:	8/31/2008

Criminal Defense Lawyer

California lawyer 33 years, 10 as Deputy DA and 13 as defense counsel. More than 150 jury trials.