1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Question about if sentence modification, appeal, or anything is available with a plea Appeal, Pardon, Motion, Writ

Discussion in 'Criminal Procedure, Criminal Court' started by gywypony, Feb 16, 2011.

Thread Status:
Not open for further replies.
  1. gywypony

    gywypony Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    In Florida -

    My friend took a plea to a manslaughter charge basically because he was afraid of the other options. They offered him 30 years, then 15, then 12, then 10 with 5 on paper after the sentence. Then they quit offering, so when they said 10 with no papers afterward and to drop the 3rd degree murder (which confuses me because everything I've seen, 3rd degree murder and manslaughter is the same thing) and said he only had 24 hrs to decide (they had never given him a limit before), he jumped on it, because he was afraid it would go back to 30 or they'd bring in the word murder again.
    A loved one od'ed on his perscription meds so he got charged with the loved one's death. When the cops questioned him right afterward while he was distraught after having discovered the body, attempting recessitation, and calling the cops, yes, he told the cops he blamed himself, because they were his pills. That being a strike against him there, I believe he was afraid of going to trial, having said that to the cops.

    Now that he is further away from the trauma, he's realizing what a stupid thing it was to take a plea. Especially when everyone, including the CO's at the prison are telling him after reading his discovery that he doesn't belong there at all. I'm wondering if there is anything we can do, appeal, sentence modification, or something I don't know about? I don't know what the laws are with pleas and if anything can be done afterward.

    Please advise. I am having a hard time with all the legal terminology in the law books I'm reading, I understand some but not everything, and just hoping to hear something in laymens terms.
     
  2. bluemann33

    bluemann33 New Member

    Messages:
    643
    Likes Received:
    81
    Trophy Points:
    0
    Sorry to say but it is almost impossible to appeal a guilty plea. The judge ask at the time of the plea if you understand and etc. The only thing he can do is speak with his attorney about the situation and see what the attorney thinks, but like I said it is not very likely. Good luck.
     
  3. d2much

    d2much New Member

    Messages:
    12
    Likes Received:
    1
    Trophy Points:
    0
    When we lose a loved one especially in a trauma situation like that, or just losing them we blame ourselves. I totally understand that they were his meds, but how can they charge him, I sure he did'nt force them to take them. i do alot of research on the net. Google and text a question and read sites. I find many amazing law's. Not competent to stand trial due to trama, accepts pleas. would be a good one. Who ever his attorney was should of known and advised him. I am noticing many attorneys are just for money, court appointed don't care they get the amount win or lose.
    Donna Hamm website she is an attorney for inmates yes she is in Az. But federal too. Check out her website and e mail her I am sure she will have advice
     

Share This Page

Thread Status:
Not open for further replies.