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Q:   FOLLOW-UP QUESTION TO:  If my crime scores out to prison(58) is it mandatory i get sentenced to prison if its my first ever crime? Collier county, FL.  My lawyer told me this as… Scroll down to read more!

Q:   FOLLOW-UP QUESTION TO:  If my crime scores out to prison(58) is it mandatory i get sentenced to prison if its my first ever crime? Collier county, FL.  My lawyer told me this as a reason she cant get me probation as a plea bargain….  Follow up to my previous post:  iT wasnt 58 months im sorry. I meant to show a score of 58 as i was charged and sentenced to 24 months for burgary of an unoccupied dwelling. As i said i had no priors or points before this. The evidence of this crime against me wa nil. The didnt meet a single element of the crime of burglary. I was frced to fight this with court appointed attorneys 6 in all over a period of 3 yrs before the final attorney talked me out of a motion to supress illegally obtained text messages and telling me she couldnt get me any less than 24 months because ” in the state of florida if ur score is above 44 points its mandatory u do prison time therefore probation was not an option. So she gave me 2 days to decide to risk trial and of course holding a possible 15 yrs over my head should i lose, or 2 yrs prison and 2 yr prob early term after 1. Was i jipped? And do i have any recourse against her for lying to me and failing me miserably? I am currently at the tail end of my prison portion anf in work release program and have probation to complete yet. For a first ever charge and conviction was i robbed and more important is what she did negligence?



A;  

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/follow-up-to-my-previous-post-1919581.html?answered=true#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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Answered Um, yeah, being almost 2 years into a sentence is WAY different than facing sentencing.

Feel free to ignore everything that I posted in response to your first question (unless of course you wind up prosecuted again for something else sometime in the future).

Given your new proffer I have 2 comments:

1) Yours is no longer a “criminal defense” question; rather it is an “appeals” question. Accordingly, if you wish to secure competent advise you should either repost or retag and use either “appeal” or “criminal appeal” instead of “criminal defense” as a practice area.

2) Not being an appellate lawyer my knowledge of the appeals process is limited to the following: 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.

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.

Again, I hope 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.)



Michael A. Haber, P.A. has provided creative criminal defense litigation services since 1991 by effectively representing clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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