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How can I get a lawyer, my son has been in prison for 7 years and always been denied an appeal he was wrongfully sentenced

Miami, FL |

back in 2004 my son was sentenced to 40 years for after bein harassed and pushed he punched him in the face and he died from other medical, alcohol,drug was found in system which was proven during his trail. bein a friend of gave my son 30 to 40 yrs . Every time he summit an appeal they deny him

Attorney Answers 7


  1. Contact your local bar association or look on Avvo.com in the Find a Lawyer section. The time may have run out.


  2. I am sorry but if he has an appeal lawyer and the appeals have been denied, there may be nothing more you can do. If you have not already, speak with an appeals lawyer who may be able to find new grounds. Please be aware that the time to appeal is short so you can't delay.


  3. Assuming there is still some possible recourse, the answer to your question "how can I get a lawyer" is simply to interview multiple attorneys and then hire one that you trust and believe will work the hardest for your son. If you are unable to hire an attorney then you must rely on the Public Defender's Office to handle any appellate issues. Because over seven years have passed, I would be very concerned that not many options remain. I suggest you start consulting with attorneys ASAP.


  4. I would suggest setting up a consultation with an experienced criminal defense/appellate/post conviction relief attorney. Although it sounds like your son's case has already been heard on appeal and was denied. It is possible that there are no other alternatives; however a more thorough review of the procedural history of his case would be necessary.

    This answer is for informational purposes only and does not invoke any attorney/client relationship or privilege. For further information kindly contact our offices at 727-822-6313.


  5. He has not been denied an appeal. He has had his appeal and lost it. It sounds as if he has attempted some other remedies, too, without success. He has very likely used up his remedies and passed all of his deadlines, but you could arrange for a consultation with an attorney familiar with criminal appellate and collateral review in Florida to see whether anything can still be done.


  6. An appeal may be a moot point, since it's been more than 9 years since his conviction (I fail to grasp the 7 years you mention) however, there may be other remedies. Consult an experienced criminal defense attorney.


  7. A post-conviction remedy raising something like ineffective assistance of counsel. To bring that type of remedy you would need to retain a criminal defense lawyer for your son. You would find that lawyer the same way you would find any other lawyer, such as personal recommendation or the use of an online search engine such as AVVO. Be prepared to pay several thousand dollars to retain the lawyer.

    Due to the passage of time there are certainly no appellate remedies.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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