Legal Question in Criminal Law in Florida

Ineffective assistance of counsel

My boyfriend was recently sentenced to 20 yrs in prison on an armed robbery conviction. This is his first felony and he was only the gettaway driver. He did sign a plea though, however, during private conversations with his lawyer, his lawyer stated that he did not know if he could morally or ethically represent my boyfriend or this case. Does this give us grounds to file for ineffectice assistance of counsel?


Asked on 12/17/08, 9:25 pm

1 Answer from Attorneys
Kelly Papa Law Office of Kelly Papa

Re: Ineffective assistance of counsel

First off, one can always file for ineffective assistance of counsel. That motion is usually done after a direct appeal. I would suggest that you find out what the lawyers reservations were. As I'm sure your boyfriend knew, armed robbery is a 1st degree felony, which can be punishable by life. Even as the getaway driver, your boyfriend would be considered as guilty as one who actually held the gun. That being said, it seems that 20 years is still harsh under the circumstances. However, sentences vary depending on the victim, the state attorney, and the judge. Your boyfriend should exhaust his other appellate remedy first, then he can proceed to the 3.850 if he chooses.

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Answered on 12/17/08, 9:38 pm


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