How can he get his time cut Does he have to do his time can he replea how long does have to wait to replea

Asked about 5 years ago - Orlando, FL

my boyfirend is in prison he sign a plea for 25 years.I NEED SOME ADVICE HELP ME PLEASE

Attorney answers (2)

  1. Randall Lee Berman

    Contributor Level 12

    1

    Lawyer agrees

    Answered . There are specific time limits within which someone is allowed to withdraw/vacate their plea. There is no such thing as a "replea". In Florida, depending on whether he received a 25 yr mandatory or not. If mandatory he does the 25 yrs without gain time. If non mandatory, he can receive credit for up to 15% off the sentence. You need to contact a qualified criminal lawyer immediately to determine if there are any grounds and if there is still time to file a motion to vacate.

  2. Stephen Andrew Mosca

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If your boyfriend signed a plea agreement then he is bound by that agreement unless he can assert that his lawyer was ineffective or the sentence is illegal. An illegal sentence would be when he is sentenced to a longer term than allowed by law (25 years for a 2nd degree felony, for example).

    His lawyer being ineffective can happen when the lawyer gives legal advice that is fundamentally in error. For example, your boyfriend was advised to plea to the court and if the judge gave a harsh sentence the plea could be withdrawn.

    These are rare but they do occur.

    Generally speaking, when someone accepts a plea negotiation and then decides to try to get out of it, it is a simple case of buyer's remorse, and there is no way to get around it. Proving ineffective assistance of counsel in a plea bargain is often impossible unless the attorney admits his error. Illegal sentences are a bit easier and naturally more rare.

    You would need a criminal defense attorney to actually look over the filings in your boyfriend's case to make a determination about it being illegal or wrongly advised.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,150 answers this week

3,124 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,150 answers this week

3,124 attorneys answering