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If a person is charged with arm robbery, false imprisonment and did not use a firearm or take anyone hostage can he appeal?

Miami, FL |

A family member was charged with armed robbery, false imprisonment after being release from a mental crisis unit. He was diagnose being bipolar & given medications prior to his arrest. He did not have a fire arm during the stealing of money from a store register. He never physically touch anyone nor took anyone hostage in the store prior to exiting out the front door. He was given up to 1 year for an appeal. Can an appeal be made for inducement of his charges?

Attorney Answers 4


you haven't provided enough information to properly evaluate your question. an appeal must be taken within 30 days of a sentencing. has he been sentenced? if so, when?

the fact that i have posted an answer to your question or commented on another's answer does not create an attorney-client relationship between us.

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I think probably an appellate attorney might have said that an appeal can take up to a year. If he has an attorney, he should speak with his attorney.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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As a general proposition, people have 30 days to file their notice of appeal, not one year. Go sit down with some local attorneys immediately and go into the full facts of the case to see if there's a shot.

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He can always appeal - provided it is done in a timely fashion.

As to the issues we need more facts. Armed robbery is properly charged where someone either had a gun / weapon, or armed themselves during the course of an otherwise unarmed robbery or was an unarmed "principal" (a knowing participant) to a robbery where someone else was or became armed. (The principal theory holds all participants equally responsible for the actions of their co-defendants, but, in order to be enhanced - to get 10-20-LIFE - the defendant needs to be actually armed.)

I hope that I have been helpful in answering your question.

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.)

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