Skip to main content

DUI with serious bodily injury with no prior record

Pensacola, FL |

What are the chances of getting an appeal on a DUI case ? My fiancé had a bad lawyer during his case for a DUI . The lawyer did no investigation and just asked for a continuous the entire case and barely had a plea to offer by the end of it. My fiancé got sentenced to 2 & 1/2 yrs of prison with 60 days of county jail. What can we do to try and get him out on probation or work release rather than him completing all or even some of that jail time? He has no prior record and this is first time in jail.

Attorney Answers 5

Posted

There are a couple of different paths you could follow, depending on when the sentence was imposed. A motion to modify or reduce the sentence can be filed with 60 days of the imposition of sentence pursuant to Rule 3.800. If it has been less than 30 days then he will still be able to file a Notice of Appeal. Whether or not there are any issues for appeal is a different story and has to be evaluated on a case-by-case basis. If the 30 days has passed, then he still has the right to file a motion to withdraw the plea under Florida Rule of Criminal Procedure 3.850. This must be done within two years from the date of the sentence (if he does not take an appeal, two years from the appeal being final if he does), and filed within one year if he wants to protect his access to federal relief if the 3.850 is denied. Best thing to do is talk to a lawyer about the facts and specifics of the case.

This answer is for general purposes only and does not create an attorney-client relationship. Therefore, attorney client-privilege and other related issues do not apply.

Mark as helpful

2 found this helpful

Posted

Best to talk to a lawyer in person and have them review your case in detail. You may be outside the time within which to appeal. Also, you need to be careful of the consequences of opening the plea deal and going forward. It may not turn out better and could turn out worse.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Mark as helpful

1 found this helpful

3 lawyers agree

4 comments

Asker

Posted

He was just sentenced this past Friday 3-7-14

Anthony Michael Solis

Anthony Michael Solis

Posted

With appeals, time is of the essence. Contact an appellate lawyer immediately.

Asker

Posted

Ok thanks so much

Anthony Michael Solis

Anthony Michael Solis

Posted

Good luck.

Posted

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.

I hope this has been helpful.

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.)

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

If his sentence is not "day for day," then he might be eligible for early-release programs within the DOC, but no lawyer can help on that end, as it would be discretionary matter within the province of DOC. A lawyer can file motions i.e., motion to withdraw plea if legitimate legal grounds, motion to correct sentence if the sentence was illegal for some reason, etc. Call a lawyer in your area that has experience in post-adjudicatory motions.

The attorney's responses to questions are for general purposes only and do not establish an attorney-client relationship.

Mark as helpful

1 found this helpful

Posted

You may be able to file an appeal. However, if your lawyer did not file objections to preserve the record you will be facing an uphill battle in the appeal. If he was under the influence of drugs or alcohol while driving a vehicle that caused serious bodily injury to another person, hey may be charged with a third degree felony DUI. If convicted, hemay be sentenced to up to 5 years in prison and fined up to $5,000. In addition, hewill have a felony conviction on your record.

This response is not intended to provide legal advice, nor is it intended to be a solicitation for legal advice. NO reader should consider the information contained herein to be an invitation for creation of an attorney-client relationship, and you should not rely on information provided. The information provided is for general information purposes only, this response should NOT be taken as legal advice for any individual case or situation. If you have a legal question, you should seek the advice of a licensed attorney in your state.

Mark as helpful

1 found this helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics