My friend, Michael Haim, was sentenced to life w/o parole. What are the chances of him getting out?
3 attorney answers
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
I agree with both my colleagues.
I think the odd are minus infinity
Unless and until the law changes, in FL life w/o parole = life in prison. The only ways around this are:
1) An order of Executive Clemency (a Governor's pardon) will do the trick (unfortunately at best an award of executive clemency is a veritable lottery drawing, and at worst it is truly a political process which is housed in a shroud of alleged fairness... in point of fact the odds of getting an award of a gubernatorial pardon are probably close to those for winning the lottery). Everything that you ever wanted to know about clemency - "the pardon process" - can be found at the following link : https://www.fcor.state.fl.us/clemency.shtml .
2) A successful appeal will also do get the job done (also a long shot as absent some other grounds to appeal, so long as the judge was within the permissible sentencing guidelines there is likely nothing that can be done about the sentence). Still, 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. Under Rule 3.850 you have 2 years from the day that the sentence became "final" in which to file your appeal, unless: 1) you hired a lawyer to file a 3.850 motion but the lawyer didn’t file it; 2) you had no access to Florida courts because you were in jail out-of-state jurisdiction and didn’t have a lawyer; 3) there is newly discovered exculpatory evidence and 4) the FL or US Supreme Court issues is a retroactive and substantive change in the law that applies to your case. Florida Rule of Criminal Procedure 3.800 allows a defendant to file a motion to reduce or modify their sentence, but this motion has to be filed within 60 days from the date of sentencing. If a judge denies the motion you typically cannot appeal the decision.
3) There exists provision for conditional medical release (a/k/a compassionate release) under FS 947.149 (see http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0947/Sections/0947.149.html ) which basically provides a mechanism for early release of permanently incapacitated or terminally ill inmates.
Other than that I have no other suggestions.
Wishing your friend luck, you a Merry X-Mas and hoping 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.)