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.
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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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!
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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
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