Legal Question in Criminal Law in Florida
1st degree murder premeditated or attempted
I have a african-american friend who is serving 20 years for 1st degree murder pre/attmpt, gun fired at car, after altercation in a night club, but no one was injured. Weapon charge was dropped, the gun did not match the bullet hole in the car. first time offender age 17/18 (now 24). The courts denied appeal for illegal sentencing. He dismissed his public defender during trial and went pro se due to bad counseling. The alleged victims do not know who fired the gun, because three other people was with my friend. What can be done? He is an intelligent young man who can make a positive impact in society, and serve his country in the military. Please help, i don't understand this case. I have seen people who have done a lot worse in Florida, harm or kill someone and get probation. It hardly seems fair. His mistake at age 17/18 shouldn't define who he is.
2 Answers from Attorneys
Re: 1st degree murder premeditated or attempted
Trying to kill someone may not entirely define who is he, but it sure does sound like a big part of the definition.
He probably dismissed his public defender because the "bad counseling" was to take the deal, and look where that got him.
It sounds like his remedies are exhaused now, since his appeal is completed, but his best bet is to hire a private attorney and let that attorney check the entire record to see if there are ways to attack the conviction or the appeal. That's probably his only hope.
Re: 1st degree murder premeditated or attempted
If you discharge a weapon in Florida you get 20 years, its that simple. I seriously doubt you have seen a murderer get probation. If he has the money he can hire a private post conviction relief attorney.
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