My brother lose his firts appeal in Tampa Florida court can he appeal again . If yes how much a lawyer charges.

Asked over 1 year ago - Tampa, FL

He was charge with TRAFF ILL DRUGS 4-U/14 GRAMS got 30Years and TRAFF HER.ETC 28G-U/30 KG got 30Year so he has to do total of 60years . I believe the crime dont fix the time. I just need a Lawyer that can help him I dont have to much money but I can work with a payment plan.

Thanks Marce
marcesevilla24@yahoo.com

Attorney answers (5)

  1. William David Umansky

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . I can tell you in general that appeals are time consuming for lawyers as well as intellectually draining. The cost for retaining one and also paying the appellate costs can be prohibitive. I wish you the best of luck.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Mary Catherine Bonner

    Contributor Level 7

    6

    Lawyers agree

    Answered . I am sorry about your brother. I presume that it was a state court conviction but the manner in which it is presented is unclear.

    yes, there are lots of things to do after a conviction is affirmed. I would need to know in which court he was convicted.

    if it is florida courts, he can seek review (rarely given) in the florida supreme court. this is a limited jurisdiction and too complicated to explain in this brief area.

    he can seek certiorari in the united states supreme court. there are time constraints and it is neither easy nor inexpensve.

    should the united states supreme court reject the petition for certiorari, he can file for post conviction relief. that is either a 28 usc 2255 in federal court or a motion under rule 3.850 in state court.

    this representation is a commitment for a lawyer. i realize that you don't have a great deal of money, but perhaps the family can help or a bank loan or a credit card advance can be obtained.

    this is the time to retain counsel who knows the procedures and can try her best to help your brother. if he waits too long, his remedies may well be gone.

    please look at my website for more information. no remedy available now is quick or uncomplicated. you need someone who has litigated in federal courts as i have. i have practiced for 33 years, almost all in federal court and in appellate courts, including the United States Supreme Court.

    of course, you and i are not forming an attorney client relationship. Representation in Florida Courts and... more
  3. Jason Michael Reid

    Contributor Level 13

    5

    Lawyers agree

    Answered . Contact our firm at the Clearwater office. We handle 2nd DCA appellate cases.

  4. Amber Hill

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . Yes, he will be able to enter another appeal. Appeals are generally very costly, but you may be able to work out a payment plan with an attorney.

  5. Clifford M. Miller

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . There is no other appeal available. However, there is the possibility of applying to the Florida Supreme Court for discretionary review. But, it is unlikely that the Florida Supreme Court will review the case.

    If your brother was not adequately represented at trial, he might consider attacking the judgment collaterally through post-judgment relief. He needs to hire another lawyer who specializes in this type of thing to have any chance of success.

    There is also the potential of collaterally attacking the conviction in federal court. However, these attacks are rarely successful.

    I don't know any lawyers who take this kind of work on a payment plan. However, if you think your brother did not receive a fair trial I think it is worthwhile to try to raise enough money to hire a competent lawyer and and proceed.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more

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