Legal Question in Criminal Law in Florida

At the age of 13, my wife plead guilty to 2nd degree murder in exchange for 18yrs and life probation. She is up for release next year after 15yrs of incarceration. I have read that it is unconstitutional to sentence juveniles to life sentences. Would that apply to probation? Also, we are trying to decide if we should appeal this life probation sentence now or should we wait until her release next year?


Asked on 12/09/13, 12:55 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

It's unclear if this is a Florida case, but as far as probation goes, the answer is, we don't know yet. Florida, in particular, has not been very good about how they should apply this change in the law, so it may take months or years of appeals to properly answer your question. In regards to an appeal, those have strict time limits (and may have already passed) so you should talk to a lawyer in person about the specifics and whether or not it is too late to appeal. DO NOT DELAY, contact an attorney in your area immediately.

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Answered on 12/09/13, 1:25 pm


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