Legal Question in Criminal Law in Florida

Hello, my brother is incarcerated at a Southern FL facility serving 2 � years to date (based on word say without evidence established); he maintains his innocence of the charges against him and has requested a motion for post-conviction relief. He is seeking justice founded on several of FL Statutes and based on these, we feel my brother is purposely being delayed the justice due him to �save face�.

Docket info:

Motion for post-conviction relief.

Motion for affidavit for order of ensolvency.

Motion for the appointment of council.

Order denying defendant�s motion for appointment of council without prejudice.

4x order granting motion extension of time to file response to deft�s pro se timely amended pro se motion Florida rule of criminal procedure 3.850 for post-conviction relief.

They continually grant extension of time against his motions so, how many times can the Prosecutor/Judge continue to delay my brother�s motion for post-conviction relief? What more can he do or what else is needed to file next in his behalf to grant his motion?

Thank you


Asked on 8/20/14, 7:29 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Short answer is that these cases are often "dragged out" and there is no time limit for a judge to respond. The long answer is that if you really want to get things accomplished, he would be well served to have an attorney that handles post conviction motions and talk to them about the best way to get his case expedited.

Read more
Answered on 8/20/14, 7:55 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida