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Florida Legal Information Topics, Discussions and Information relating to Legal Information specific to Florida. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 08-02-2012, 11:46 AM
Nellie1215 Nellie1215 is offline
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Default Sentence Reduction in Florida

My mother was recently incarcerated in Highlands County FL. Everyone we have spoken to says that her sentencing was extremely harsh and uncalled for, but legal so there is no way to appeal. It is a very long story about the entire case (as I am sure everyone's cases are full of many details.) To get to the point, my mom has never had anything but a speeding ticket and she was convicted of 3 counts of Money Laundering, 2 counts of grand theft and 1 count of scheme to defraud. This is her very first offense and where I understand that what she did was not right, I also know that we all make mistakes in life. She was sentenced to the guidelines of 138 months in prison as well as full restitution (even though the "victim" stated he had no interest in money.) My family has NEVER experienced anything like this before and we are all devastated and have no idea what to expect or what we can possibly do. If any one has any information that could potentially be helpful please let me know because I have no clue where to even begin with this. I would greatly appreciate any advice.
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Old 08-02-2012, 11:58 AM
fbopnomore fbopnomore is offline
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You should consult a FL appeals lawyer to find out if there is anything you can do. Sometimes there is not, but in other circumstances there might be. It sounds like she just got assigned to the wrong judge, but ask a lawyer to be sure. Good luck.
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Old 08-02-2012, 04:54 PM
NAN425 NAN425 is offline
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Quote:
Originally Posted by fbopnomore View Post
You should consult a FL appeals lawyer to find out if there is anything you can do. Sometimes there is not, but in other circumstances there might be. It sounds like she just got assigned to the wrong judge, but ask a lawyer to be sure. Good luck.
Agree that you should always consult a lawyer if you have a question about whether you can get a sentence reduced. And do it quickly because in many cases there are deadlines on how soon certain types of appeals have to be filed after sentencing.

fbopnomore is right that sometimes the outcome of a case is just horrible because of the judge that got it, and there's nothing you can do. My husband got 40 months in a plea in a first offense DUI Injury case - and that was light for the judge we had, we understand. We've been told by multiple sources who would know that if the incident happened where we live instead of the next county over, he would have been on house arrest/probation instead of prison. Because the two counties judges take very different approaches to these cases. And that's all legal.

So consult an attorney but also be prepared for the fact that sometimes things just aren't fair and there is nothing you can do about it. It's a hard thing to accept.
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Old 08-02-2012, 06:20 PM
Nellie1215 Nellie1215 is offline
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Thank you both very much. My step-dad and I have been in contact with her lawyer and thankfully he said there are a few things we can do. I completely agree that sometimes you just get the short end of the stick and I do believe thats what happened in her case. We live in a very small county and White Collar Crime is not popular but is slowly on the rise here and I firmly believe they were making an example out of her. I do appreciate your advice and honestly and I wish you all the best in your personal matters as well. God Bless.
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Old 08-30-2012, 08:14 PM
sptcrimlaw sptcrimlaw is offline
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You have received some good and correct advice but do not just contact "any" attorney, you must contact the right attorney -- i.e. one who has experience in the area of appellate/post conviction remedies. In other words, most criminal defense attorneys are trial attorneys who may be great for getting a good plea offer or trying the case before a jury, but are not so great when it comes to appeals/post conviction matters. As a Florida attorney, it is my opinion that there are only a handful of attorneys in this state that I would hire for post conviction/appellate cases.
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Old 01-24-2013, 06:42 PM
Donald1955 Donald1955 is offline
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Yes, sptcrimlaw is correct. You need a expert appeal/post conviction attorney
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