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My husband is serving 3yrs in prison for a gun charge how can he file a motion to amend his sentence to do house arrest.

Saint Petersburg, FL |

my husband has never been in trouble or ever been in jail.he had 2 dui's in 1990 thats it.i am having financial difficulty seen that i have lost his income and we have been been together for 26yrs and just got married last year.

Attorney Answers 4


I am sorry but that is not going to happen. He will not be able to convert prison into house arrest.

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Mr. Umansky is correct.

Your circumstance are sad (and poorly timed), but your husband needs a legal, not a familial, basis to move to set aside a sentence, whether by appeal or by motion to the trial court.

That said, if there is legal cause to do so then he can file a motion to withdraw his plea under Rule 3.170. This motion must be filed within 30 days of his sentence. However, if he is beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then he can file a motion to vacate the judgment and sentence under Rule 3.850. In this case he has 2 years from the day that the sentence became "final" in which to file.

Again, your stated reason to seek a modification of his sentence is understandable but sadly it is not legally sufficient.

I'm sorry to give you this response. I still hope that this has been helpful and wish you the best of luck!

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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How long has it been since he was sentenced? Ta motion to reduce sentence can be filed but it has to be within the time limits prescribed by law.

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A judge is not likely to reduce a sentence based on a personal hardship due to your husband's actions. Also, any possible sentences would obviously be dependent on what the "gun charge" was for which he was convicted. For example, if it was a gun charge, such as aggravated assault with a firearm, the judge has no discretion and it is a 3 year minimum mandatory prison sentence.

My firm offers consultations in all areas of criminal law. David E. Little, Esq. Tampa/St. Petersburg Criminal Defense Attorney No attorney client privilege exists by way of answering this question. You should always consult with an experienced criminal defense attorney, and only discuss the facts of your case with your attorney, so you are protected by the attorney client privilege.

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