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Freind convicted of first degree attempted murder: Can he get out early? Release

Discussion in 'Probation, Parole, Incarceration' started by Kalandra, Jul 20, 2011.

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  1. Kalandra

    Kalandra Law Topic Starter New Member

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    My friends brother was convicted of first degree attempted murder and a weapon possession charge. Maybe you can look into his case his name is Jarvis Howliet vs. State of Florida. He at the time was only sixteen years old. The crime was committed in the State of Florida. He plead guilty to the charges according to the news, but it seems as if he had a trial, because they played in court a surveillance video of the whole incident but there was no jury there. I was there when a judge sentenced him to 25 years in prison, and right after the sentence was handed down I specifically remember his public defender being asked what could be done, and he said nothing about a appeal being filed. He was also asked by me if he had to serve the entire prison term to which he replied that the sentence requires a mandatory ten year term. His family has tried to file appeals but I guess it was too late, because every time the appeal decision comes back they are told that they were supposed to file it within a certain amount of time after the sentencing. Since it has now been ten years, what are his chances of being let out and what steps can the family take to get him out? You should also know that he has had some behavioral issues while incarcerated. Will this possibly have a effect on his release?
     
  2. mightymoose

    mightymoose Moderator

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    There could have been any number of hearings prior to the time he entered a guilty plea. THe jury is only present if it should proceed all the way to trial.

    When you enter a guilty a plea you pretty much give up any right to appeal. All of this would have been explained to him during the process. If he didn't do it or felt he was not receiving due process he should not have entered a guilty plea.

    He may have been told that he had to serve a ten year minimum, but by no means does that suggest he WILL be released at that point. He will have to go through the parole process and his release will be up to the board that reviews his case. There isn't much at all for the family to do other than support him and encourage him to stay out of trouble in prison to improve his chances of earning an early release.

    Yes- behavioral problems in custody absolutley have an effect on his release. If he can't stay out of trouble in prison why would he be trusted outside of prison?
     

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