I'm so new to everything. I'm the one who's never been arrested ever, and my BD (Babys daddy) is the one in prison. How lovely right? It's so sad I cant ever guess when he'd be able to come home. He got max 5yrs and in FL you do 15% right? Well he had 1yr time served and now it says released date is 2009- wheres the 15%? I'm so confused! Anyways-

His public defender did an appeal the day he got sentenced. The appeal was denied a couple weeks ago. They said there wasnt enough arguementive stuff I guess? My thing is, they told even me (public denfenders office) that there was a "sentencing error." I'm so confused! If they deny appeal once, thats it- right? Or can you appeal again, if so- how many times? Granted, he did violated 4 times being in jail before they sentenced him to prison... but 5yrs on hosue arrest? Many murders or rapes get off easy like this, or easier. Is there any thing I can do? My baby (Hailey) has never seen her daddy! :( Its sad, and I miss him.

Please Help- Confused,
Krys

Hi and welcome. Did you know there is a Florida Forum here also? You might get more info there since it is a very knowledgeable group.

The time BD will serve is 85% of the sentence. The 15% is the good time reward. He should get credit for the year already served and might be eligible for work release.

Regarding the sentencing error - I think a reconsideration can be filed. I don't know how you get violated in jail, but maybe you can explain. I don't know much about appeals, but i know you can appeal to the sentecing judge and to the district and to theSupreme court. It is between him and his attorney to work that out.

Since this is all new to you, it will be hard to absorb everything. But i am pretty sure he will be able to have visitors and you and your child can get on the visiting list to see him. I am surprised this wasn't allowed before sentencing.

I don't know if I helped much, but i think the Fl Board will help you. Try them. Brenda

I'm so new to everything. I'm the one who's never been arrested ever, and my BD (Babys daddy) is the one in prison. How lovely right? It's so sad I cant ever guess when he'd be able to come home. He got max 5yrs and in FL you do 15% right? Well he had 1yr time served and now it says released date is 2009- wheres the 15%? I'm so confused! Anyways-

His public defender did an appeal the day he got sentenced. The appeal was denied a couple weeks ago. They said there wasnt enough arguementive stuff I guess? My thing is, they told even me (public denfenders office) that there was a "sentencing error." I'm so confused! If they deny appeal once, thats it- right? Or can you appeal again, if so- how many times? Granted, he did violated 4 times being in jail before they sentenced him to prison... but 5yrs on hosue arrest? Many murders or rapes get off easy like this, or easier. Is there any thing I can do? My baby (Hailey) has never seen her daddy! :( Its sad, and I miss him.

Please Help- Confused,
Krys

Just reading all I can here and see that a Florida Forum is available. Could you please tell me how to get to it? I'm brand new here and hope I can even find your answer if there is one! Thank u all

On the home page is a forums button with a drop-down menu - scroll down and you'll find florida. Click it. You'll be there.

:) First of all keep your head up girl! You have found the right place to be at I know it has helped me tons. In Calif the have an appeal process. Is there is a sentencing error it must be on record somewhere. He is entilted free (court transcrips) Most of the foot work will have to be done by you so get some legal paper lots of pens and good walking shoes.
They have what is called a Habues Corpus (this is a writ) that gets submitted to the 5th district court Federal Court. There are fee waviers that he can fill out so there is no charge to file the writ.
In this writ he must state Fact Only I believe you Cite cases as well supporting your claims. Also documents may need to be submitted. Spend time in the law libary as well that is where he should be spending his free time. Know the laws without Knoweldge the state can contuine to abuse our loved ones. It is a never ending battle and it sodent make it any easier but just think it may make it better for the next person. I hope this helps. Jewls On the home page is a forums button with a drop-down menu - scroll down and you'll find florida. Click it. You'll be there.