Legal Question in Criminal Law in Florida

Ineffective Counsel
My fiance was sentenced to 9 months for possession of marijuana (less than 20 grams) and possession of paraphanalia. I have asked his attorney (public defender) on several occassions to file some motions that he's requested. One of them being the motion to reduce or modify sentence. We both have asked him to visit him to answer any questions he has. I was advised that my fiance has to file the forms himself and that he (the attorney) refused to file them, which would be fine if we knew how to file them & what to file. His attorney has also refused to visit him. He got his first visit with his attorney 1 month prior to his trial date. His attorney wasn't present for sentencing either. I checked Lexis for the forms to no avail. Any advise on what needs to be filed for a motion of 'ineffective counsel' and modification and reduction of sentence. The 60 days allowed has elapsed, however, we feel that since the attorney refused to file the motions that were requested, that also is grounds to have the 60 days overturned. He is currently incarcerated and awaiting a response. Any help would be greatley appreciated.

Asked on 4/06/08, 9:59 pm

Brent Rose The Orsini & Rose Law Firm

0 users found helpful

0 attorneys agreed

Re: Ineffective Counsel

The forms you are looking for are found at the Florida Rules for Criminal Procedure 3.800 and 3.850.

The public defender hasn't been around because his appointment technically ends when sentencing occurs.

Answered on 4/08/08, 2:14 pm

Keywords

Match Any Match All

Country

State

Area of Law