appeal/post conviction relief

[MPolkP]

In 1989 my husband was sentenced to 6 1/2 yrs in the Florida state penn.He served only 3 3/4 yrs due to gain time.He got 15 yrs probation on top of it.He is innocent and didnt receive fair representation.It never went to trial because he took a plea bargain.He wants to prove his innocence and get the remainder of his probation dropped.Is it too late to file a post-conviction sentence?Can he file an appeal due to ineffective assistance at "trial" or is it to late for that too?If he re-opens his case to prove his innocence can he be re-sentenced or is that double jeopardy?Help Please!!!!!!!!!

 

[nuyuky]

I believe if you look into the Florida statutes under post-conviction relief, you will find what procedures you must follow. I know in Alaska, you must file within a certain time span, but if you file for illegal sentencing procedures, IF Florida has such a statute, then you need to find what illegal sentence occured. You can also research the manner of plea bargaining. If there was a discrepancy there, then one can withdraw, but please look the information up in your local stautes before doing anything. Good luck.

 

[MPolkP]

Thanks so much for getting back.I never thought of illegal sentencing, but I don't think it would apply,but I do believe that they didn't keep their end of the plea bargain.I am waiting to get a copy of his case file now and am waiting to hear back from an appellate lawyer also.Hopefully something can be done.If he withdraws his plea, what would that mean since he has already served the time? A trial? Thanks again.

 

[nuyuky]

Check this out. O.J. Simpson won his criminal case, right? Now, he was sued and lost. Question, can we do this in reverse? In other words, I lost a criminal trial due to bad attornies, etc.,etc., . I think I have a right to file a civil suit for false conviction and if I have my facts straight, I think I have a chance. I believe that one should have the right to prove innocence. Is that second chance in that civil suit? I think so. Something for thought.

 

[MPolkP]

Civil suit?

Sounds like you and my husband are in the same boat.but civil suit against who I ask?The lawyers for ineffective representation, or the court?And if you dont mind me asking,what are you hoping to gain from it?My husband already served his time so he's hoping to pin the *******s against the wall for taking away his childhood and making him go to prison for "rehabilitation" as they call it and he is innocent.Is there a price limit for suing in civil court?Why not go to the court of appeals?Let me know, I'm curious to see what avenue you are going to take.My next step is the Florida Bar association and the ACLU.I have a friend with more civil rights groups,when she lets me know,I'll let you know.Thanks

 

[nuyuky]

These people are not going to do anything for you. I think that you would be more effective if you file a title 42 section 1983 on your own. If you can find some due process violation somewhere, equal protection violation, etc., then the application should have instructions as to filing procedures. The "Establishment" will just blow you off, believe me. I think this sight is the best place to start and I am glad that I have found it. There is something I would like for everyone to do and that is to read the AMERICAN JURISPRUDENCE. Check out Title 16, I think it is and section 1 through 300 under Constitutional Law. This information will explain who has the powers and who doesn't. I guarantee you that we, as the PEOPLE have the last say in interpreting the constitution as we see fit. Also, please log on to "proclaimliberty.com". Carl Miller has some informational videos about the Constitution and how it works, or should work. Very interesting material.

 

[MPolkP]

Sure thing

I'll check out those sites if you check out The innocense project northwest,I believe, and also Justiceenied The magazine for the wrongly convicted.They have pro-bono staff that cover Alaska if you need them.Thanks for the info, will DEFINATELY check into it