Legal Question in Criminal Law in Florida

Possible appeal.

During my husbands sentencing, the judge stated that he couldn't go with the downward departure because it wouldn't look good at election timeso he sentenced him to 4 years in priosn.Would this be grounds for an appeal.


Asked on 7/16/07, 7:49 pm

3 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Possible appeal.

I would need to know more more about what he said. Its possible grounds depending on the full text.

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Answered on 7/16/07, 8:09 pm
Richard Hornsby Richard E. Hornsby, P.A.

Re: Possible appeal.

This is clearly a ground to appeal. However, I would move for a new sentencing and have the Judge recused.

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Answered on 7/16/07, 9:51 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Possible appeal.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Taken out of context, it is hard to say. From the blurb provided, however, it may be grounds for an appeal. You should discuss this with your husband's attorney or possible appellate counsel.

Scott R. Jay, Esq.

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Answered on 7/17/07, 1:03 am


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