Hi everyone, I wasnt' sure where to put this question...got so frustrated i decided to put it in here after reading Life2's story. My best friend, soul-mate and soon to be husband is serving a LWOP sentence in Michigan. We (I) am going to begin to find a way to get a re-trial for reduction of sentence. I took the appeal opiions to my attorney and he said "I am not even going to open this file unless he gives me $1,000." Umm ok...he has been sitting in prison for 6 years, he dosen't have the money. I am ALL he has and i dont have the money.
<turning into a venting session, sorry> So I am just so ignorant of how things work. I try to read all the transcripts and whatnot and just can't comprehend anything. I feel inadequete and afraid. This man is putting his "last chance I will ever have at freedom" in my hands...and i dont know what to do with it.
So yea I guess I just am asking...do i just call attorneys and pay them to read the stuff? I am just worried i will do something wrong or say something wrong.
So any advise would be greatly appreciated... Thanks so much for the time and care...

Dawn

First of all don't give anybody any money until they tell you they think they have a least a fighting chance...and if the attorney is ethical at all he wouldn't ask you for money until he thought he could handle the case. I used to work for an attorney so I know a lil about this. First of all, a retainer yes, you are going to have to pay that, but, you shouldn't have to until you have had a consultation of some sort with the attorney and they tell you what your chances could be. You will have to decide from there. Not all attorneys give free consultations but $1,000 that's a little bit ridiculous even for a criminal attorney. I am lucky right now, Ronnie and I have friends in "high" places I guess you could say so we are getting some help in trying to reduce his Life with no Mercy sentence. I wish you the best of luck. And like Ronnie says, never give up hope. Even if you "think" this is his absolute last chance at freedom, but your trust in a Higher power if you know what I am saying, all will be fine in God's time, not ours. I'll keep you and your fiance in my prayers.

~Amber

Ty for your reply. So what...did my attorney think i was just gonna hire him? I do feel a litte better though...and the last part of your reply are words we live by. Either way I am going to get the files back and just begin a project.

Thank you for your prayers...

Dawn

Good Luck 2Scorpio's!! You BOTH will be in my prayers!!

Stacy

What needs to be done is a petition for post conviction relief. There is too ways you can do this. You can motion for a lessor sentence or you can motion for a re trial. (post editted by moderator, member advised of the reason)

WOW thanks you so much Justice! Wonderful information... I will look into this for sure.

Dawn

My thoughts and prayers are with you! (((hugs)))

What I am thinking couldn't you appeal based on the inadequete counsel? I think it might be a 3.850 form that you need approved . . . I am looking into it now. I will get back at you!

Oh my bad . . . wrong state! Here is the link anyway!

http://www.fplao.org/Rule3850AppellateProcess.html

Again Thank-you for the information. I am not sure what information is applicable to us...he has already exaused both appeals. I am saving the links though and will take a weekend to do some 'at home legal schooling' for myself. Stop the world, Dawns learning law!

Dawn

Well i went to an attorney to deal with some issues with my last divorce. He talked to me for an hour about the re-trial situation. Actually went through the paperwork i had. He said its a slim chance if any with this situation, but will go through everything for the fee of a grand if i want him to. He was great with his explaning so much stuff to me. Today, i am still confused. We discovered that of the transcripts i got from the county, 35 pages are missing! then he said that of all the stuff Jerry sent, there is no federal appeal sent. its all so confusing to me and i asked jerry to dend me a list to take to attorneys and he didnt, so i was like so happy i didnt pay to have this chat with this attorney. Anyway i am just feeling slapped in the face with reality. Time and money... both of which i dont have much of. So when jerry gets out, because i know he will, i will be in my retirement. I feel so alone on my mission. And angry at him for ruining his life in this way. Ya know... if we only knew.

I know this is an old thread, but I am curious...You mentioned the attorney didn't see a federal appeal. So, did your appeals exhaust because you time barred on your federal petition?

Alot of these attorneys are real rip off artists. All the ones I met could care less about my husband, just interested in making some money, and talk over me, or not listen to what I am saying, act like hustlers, slimy bastards.

I happen to work Felony Appeals in Florida (Miami), so if anyone needs some asssitance, please don't hesitate to hit me up! I know that the 3.850 is a Motion for Post Conviction Relief, and that's supposed to be FREE.... he doesn't have to pay for that... as for Ineffecient counsel, that would fall under the 3.850... the 3.800 would be Motion to Correct Illegal Sentence... also FREE... now that's the statute for the State of Florida... I pray something I said is able to assist someone here... and another thing... I'm not here everyday, so please be patient... be blessed and remember Whose you are in Christ Jesus!
Come to think of it, if any attorney is trying to charge for a Rule 3 Motion, R U N A W A Y!!! Those Motions are automatically for the benefit of the Defendant...