There are a couple of different paths you could follow, depending on when the sentence was imposed. A motion to modify or reduce the sentence can be filed with 60 days of the imposition of sentence pursuant to Rule 3.800. If it has been less than 30 days then he will still be able to file a Notice of Appeal. Whether or not there are any issues for appeal is a different story and has to be evaluated on a case-by-case basis. If the 30 days has passed, then he still has the right to file a motion to withdraw the plea under Florida Rule of Criminal Procedure 3.850. This must be done within two years from the date of the sentence (if he does not take an appeal, two years from the appeal being final if he does), and filed within one year if he wants to protect his access to federal relief if the 3.850 is denied. Best thing to do is talk to a lawyer about the facts and specifics of the case.
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Best to talk to a lawyer in person and have them review your case in detail. You may be outside the time within which to appeal. Also, you need to be careful of the consequences of opening the plea deal and going forward. It may not turn out better and could turn out worse.
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If there is legal cause to do so then you can file a motion to withdraw your plea under Rule 3.170. This motion must be filed within 30 days of your sentence. However, if you are beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then you can file a motion to vacate the judgment and sentence under Rule 3.850. In this case you have 2 years from the day that the sentence became "final" in which to file.
I hope this has been helpful.
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If his sentence is not "day for day," then he might be eligible for early-release programs within the DOC, but no lawyer can help on that end, as it would be discretionary matter within the province of DOC. A lawyer can file motions i.e., motion to withdraw plea if legitimate legal grounds, motion to correct sentence if the sentence was illegal for some reason, etc. Call a lawyer in your area that has experience in post-adjudicatory motions.
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You may be able to file an appeal. However, if your lawyer did not file objections to preserve the record you will be facing an uphill battle in the appeal. If he was under the influence of drugs or alcohol while driving a vehicle that caused serious bodily injury to another person, hey may be charged with a third degree felony DUI. If convicted, hemay be sentenced to up to 5 years in prison and fined up to $5,000. In addition, hewill have a felony conviction on your record.
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