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In the state of Florida offender is incarcerated on a charge…

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In the state of Florida...
In the state of Florida: offender is incarcerated on a charge from 2005 (sentence is 5 years in polk county, sentenced in 2006). While serving his sentence from 2005 charges he is sentenced in suwannee county in 2007 to 7 years and 8 months from charges in 2000 (he was a minor). These are the charges and sentences:

05/17/2005 BURGUNOCCSTRUC/CV OR ATT. 08/23/2006 POLK(NNN) NNN-NNNN5Y 0M 0D
05/17/2005 GRAND THEFT MOTOR VEHICLE 08/23/2006 POLK(NNN) NNN-NNNN5Y 0M 0D
05/17/2005 GRAND THEFT,300 L/5,000 08/23/2006 POLK(NNN) NNN-NNNN5Y 0M 0D
12/17/2005 BURGUNOCCSTRUC/CV OR ATT. 08/23/2006 POLK(NNN) NNN-NNNN5Y 0M 0D
12/17/2005 GRAND THEFT MOTOR VEHICLE 08/23/2006 POLK(NNN) NNN-NNNN5Y 0M 0D
10/25/2000 BURG/DWELL/OCCUP.CONVEY 03/01/2007 SUWANNEE(NNN) NNN-NNNN7Y 8M 0D
10/30/2000 BURG/DWELL/OCCUP.CONVEY 03/01/2007 SUWANNEE(NNN) NNN-NNNN7Y 8M 0D
10/30/2000 BURG/DWELL/OCCUP.CONVEY 03/01/2007 SUWANNEE(NNN) NNN-NNNN7Y 8M 0D
10/27/2000 BURGUNOCCSTRUC/CV OR ATT. 03/01/2007 SUWANNEE(NNN) NNN-NNNN5Y 0M 0D
10/31/2000 TRAFFIC IN STOLEN PROPERTY 03/01/2007 SUWANNEE(NNN) NNN-NNNN7Y 8M 0D
10/25/2000 TRAFFIC IN STOLEN PROPERTY 03/01/2007 SUWANNEE(NNN) NNN-NNNN7Y 8M 0D
10/25/2000 TRAFFIC IN STOLEN PROPERTY 03/01/2007 SUWANNEE(NNN) NNN-NNNN7Y 8M 0D
12/12/2001 BURGUNOCCSTRUC/CV OR ATT. 03/01/2007 SUWANNEE(NNN) NNN-NNNN5Y 0M 0D

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
Submitted: 8 years ago.Category: Criminal Law
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Answered in 57 minutes by:
6/28/2010
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 8 years ago
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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For future reference, your post was rather difficult to read, it would be much easier if you did not use all capital letters and separated thoughts into paragraphs. If I overlook anything, please feel free to respond but I would ask that you try to make it a bit easier to read. Thank you.

 

Pursuant to Florida law, sentences are presumed to run consecutively unless expressly stated that they are to be concurrent. So, unfortunately, this person is not off to a good start.

 

Making matters worse, with the sentences having been handed down some 3 years ago, he has little recourse. To mitigate a sentence, a person is supposed to have a motion heard before the court within 60 days of sentencing. That time has passed. To appeal, you have 30 days to file a notice of intent to appeal. That time has passed. To file a motion for ineffective assistance of counsel, you have 2 years. That time has passed.

 

In short, this person has no legal recourse available. Having said that, he could still TRY to get some relief. My suggestion would be to file a motion to modify or clarify the sentence. He would describe everything you've detailed here with the multiple charges and multiple sentences and then argue that it would be more appropriate to have ALL sentences run concurrently. Again, it doesn't seem likely to be granted but he's got nothing to lose!

 

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Joseph
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Customer reply replied 8 years ago

First, I am very sorry it is so hard to read. I was in a hurry and I am not familiar with this online posting stuff.

 

Second, thank you very much for your response and help with this issue! So, would we need an attorney to prepare a motion to "modify or clarify" his sentence or is this something we can do ourself?

 

Third, how can the time restraints apply when his sentence has not started?

 

Fourth, do you know of any cases in Florida in which the judge modified the sentence to run concurrent with another sentence from another county? I am guessing the only reason this is an option, though it may only be out of discretion, is because the charges are similar?

 

Thank you again for your help!

Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 8 years ago

No worries, thanks for making the changes, MUCH easier to read! Which brings me to...

 

Regarding your third point, I took your information to mean that the sentence had already been imposed. If this is correct, then the time limitations would apply. If this is NOT correct, then no time limitations would apply yet. So, if the sentence has not been imposed, then he can still request concurrent time from the judge.

 

If sentence has not yet been imposed, I believe that makes your other questions moot.

 

Please let me know if anything needs to be clarified or if you just need more information.

 

Thank you.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Joseph and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 8 years ago
<p>Thank you again for your assistance. He was sentenced in 2007, yes, but he is serving time for the 2006 sentence and his time to be served (on the 2007 sentence, the one in question) starts early next year. So, this means he is still able to mitigate his sentence or not? You said the word imposed... I really don't know if that means sentenced or serving...</p>
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 8 years ago

Before answering, let me be sure I understand:

  • He has been sentenced in ALL cases
  • The 2006 sentences have begun to run
  • The 2007 sentence has not yet begun to run

Is this all correct? And, if so, what you want to know is have the time limitations that I previously stated begun to run?

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Customer reply replied 8 years ago
<ul><li><div> Yes, he has been sentenced in all cases</div></li><li><div>The <strong><u>2007</u></strong> has begun to run (5 years)</div></li><li><div>The <strong><u>2006 has not begun</u></strong> to run (7 years 8 months)</div></li></ul><p>Yes, I would like to know, based on the information that is available to you, have the time limitations begun to run, thus being expired. </p><p> </p><p> </p>
Customer reply replied 8 years ago
Nevermind, I see where you said his time started when he was SENTENCED. Even though he has not begun to serve his time for that sentence he would have had to have the motion/appeal filed within the time frame within the day of sentencing. Basically, all we can do is ask for mercy then as you stated there is no legal recourse we can take.
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 8 years ago

Unfortunately, this means my first answer was correct. Despite the fact that the sentence hasn't begun to run, it was IMPOSED. Once it is imposed, all the aforementioned time limitations begin to run.

 

So, the first answer still stands and all "normal" legal remedies are unavailable.

 

As to whether or not to hire an attorney, I would nearly always suggest retaining an attorney. An experienced criminal defense attorney would be able to get it done quicker, easier and better. I mean no offense of course, it's just what we're trained to do so we certainly should be better at it. CAN it be done without an attorney? Sure, it would just be done better with an attorney.

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Customer reply replied 8 years ago
Thank you very much for all your help!!! Laughing
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 8 years ago

It was my pleasure! Please feel free to return to Just Answer any time for any questions you may have.

 

If you like, you can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=18539850&FID=0 or beginning your question with "FOR JOSEPH..."

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