Monday, October 13, 2014

FOLLOW-UP to: Sentencing / Sentencing Guidelines / Scoresheet / Prison Time / Mitigation / Plea Bargain / Court Offer / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   FOLLOW-UP QUESTION TO:  If my crime scores out to prison(58) is it mandatory i get sentenced to prison if its my first ever crime? Collier county, FL.  My lawyer told me this as a reason she cant get me probation as a plea bargain....  Follow up to my previous post:  iT wasnt 58 months im sorry. I meant to show a score of 58 as i was charged and sentenced to 24 months for burgary of an unoccupied dwelling. As i said i had no priors or points before this. The evidence of this crime against me wa nil. The didnt meet a single element of the crime of burglary. I was frced to fight this with court appointed attorneys 6 in all over a period of 3 yrs before the final attorney talked me out of a motion to supress illegally obtained text messages and telling me she couldnt get me any less than 24 months because " in the state of florida if ur score is above 44 points its mandatory u do prison time therefore probation was not an option. So she gave me 2 days to decide to risk trial and of course holding a possible 15 yrs over my head should i lose, or 2 yrs prison and 2 yr prob early term after 1. Was i jipped? And do i have any recourse against her for lying to me and failing me miserably? I am currently at the tail end of my prison portion anf in work release program and have probation to complete yet. For a first ever charge and conviction was i robbed and more important is what she did negligence?

Michael Adam Haber


Contributor Level 20
Answered Um, yeah, being almost 2 years into a sentence is WAY different than facing sentencing.

Feel free to ignore everything that I posted in response to your first question (unless of course you wind up prosecuted again for something else sometime in the future).

Given your new proffer I have 2 comments:

1) Yours is no longer a "criminal defense" question; rather it is an "appeals" question. Accordingly, if you wish to secure competent advise you should either repost or retag and use either "appeal" or "criminal appeal" instead of "criminal defense" as a practice area.

2) Not being an appellate lawyer my knowledge of the appeals process is limited to the following: If there is legal cause to do so then you can file a motion to withdraw your plea under Rule 3.170. This motion must be filed within 30 days of your sentence. However, if you are beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then you can file a motion to vacate the judgment and sentence under Rule 3.850. In this case you have 2 years from the day that the sentence became "final" in which to file.

Florida Rule of Criminal Procedure 3.800 allows a defendant to file a motion to reduce or modify their sentence, but this motion has to be filed within 60 days from the date of sentencing. If a judge denies the motion you typically cannot appeal the decision.

Again, I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Michael A. Haber, P.A. has provided creative criminal defense litigation services since 1991 by effectively representing clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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