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My husband was sentenced to 20 months in prison for a VOP on…

Customer Question
My husband was sentenced...

My husband was sentenced to 20 months in prison for a VOP on his first and only drug charge. This seems excessive. Can I ask for a mitigation of sentence based on his history up to the time of the original time because he didn't score enough points to deserve a prison sentence..

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

We paid a lawyer to represent him and he didn't do any better than the Public Defender my husband had originally. There were no suggestions of community control or community service just bam 20 months in prison. Hes been in county lockup for 286 days already

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not really. Noone was ever asked or given a chance to speak in his defense from the community or his family and he has a new baby coming in Feb 2018. It just all seems so firm and final...

Submitted: 10 months ago.Category: Legal
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Answered in 7 minutes by:
10/5/2017
Lawyer: Gerald, Esq, Lawyer replied 10 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,453
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 10 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It is very difficult to get relief from a probation violation but not impossible.

It may be better to attack the original conviction in a Motion for Post Conviction Relief. The most common ground for Post Conviction Relief is ineffective assistance of counsel. It is unusual for a first offender to be placed into a prison even with a first violation of probation.

So in essence you are looking at a two prong attack. Attack the VOP determination AND attack the original conviction.

These are difficult and complicated procedures to pursue. You will not be able to effectively do this yourself. You need an attorney experienced with Rule 3.850 Motion.

Here is the standard form that is used:

http://floridarules.net/florida-rules-of-criminal-procedure/rule-3-987-motion-for-postconviction-relief/

We are not permitted to make direct referrals to attorneys, but if you Google Florida Post Conviction Relief you will see several in the results.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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