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.

Asked 9 months ago - 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)

  1. William David Umansky

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    Contributor Level 19

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

    Please be advised that answering your questions on AVVO does not establish an attorney-client relationship with... more
  2. Michael Adam Haber

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    Contributor Level 20

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    Answered . 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.... more
  3. Colleen M. Glenn

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    Contributor Level 17

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    Answered . 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.

  4. David Elbert Little

    Contributor Level 7

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    Answered . 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... more

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