Legal Question in Criminal Law in Florida

mom,son

if you have someone get on the stand and say that the loritabs wre his,but they still find you guilty and give you 15yrs for 27 of them ,to me theres something wrong ,then we were givin a public defender and he says he cant find anything for a direct appeal i know this cant be right but with out money my son will never see his 3yr old grow up and by the time he gets out he will be our age and we will be gone please help if you can


Asked on 8/17/08, 6:10 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: mom,son

Sentencing guidelines can be tough to understand, and even harder to deal with when imposed. Depending on what your son was convicted of and his prior conduct, the sentence could be appropriate from the legal perspective. Based on what your are saying, it doesn't sound like this is his first conviction.

Contrary to what Television and the media make us think, there is not always grounds for an appeal. If the sentence is within the discretion of the court, then it will be very hard to appeal.

The mere fact that one witness claims the drugs to be his may not be sufficient (and apparently wasn't) to avoid a conviction. If your son was tried before a jury, the jury was instructed to weigh all of the evidence and they are allowed to disregard certain testimony if they feel that it was not credible.

While 27 loritab (Vicodin) may not seem like much, it is enough to rise to the level of intent to distribute or even trafficking in some circumstances. Without knowing all of the facts it is difficult to say whether the sentence is appropriate in this case.

My advice is to support your son, and hope that he gets the help that he needs while in prison. I also suggest that you do all you can to keep the 3yr old in his life and let him know his father. Depending on where you are in the state, there are people who specialize in assisting families in coordinating visitation and provision of needs to their family members in prison. Contact one of these liaisons or the prison ombudsman where your son is incarcerated.

Good luck.

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Answered on 8/18/08, 10:26 am


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