Legal Question in Criminal Law in Florida

This is pretty complicated. My son was sentenced to life in prison for having sex with his 15 year old step daughter. In court she lied and said she was 11 years old. I know this to be true because she mailed me a letter of confession and for some reason I just can't seem to get a judge to read it. She purjured herself to the jury and knowone will read this letter to prove he is not guilty of several of his charges.

We had a lawyer that charged me 35,000 and he did nothing in court to defend my son. We then hired the attorney that worked for him that knew the case, he got an oral argument in the 5th district court of appeals and it was denied, still no-one mentioned this letter.

Our lawyer is now going to do a 3850 and I don't know if he will do it right. so far the lawyers have taken me for 55,000 and we haven't accomplished anything.

My son is a war hero and has never been in trouble in his life, someone out there is going to help me and if I have to talk to every lawyer in florida I will get him out. He's been in prison for 4 years. He was blackmailed into having sex with his step daughter and was terrified to tell anyone because he thought he would lose his wife and everything, which he did anyway. The letter tells exactly what happened and we just can't get anyone to read it and I'm at a complete loss. He is my only child and his father is deceased. Not I'm out of money and I don't know what to do. My question is, is there anything legally I can do?

Thank you for your time.


Asked on 11/06/09, 9:52 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

If your son has been in prison for four years, then the time has passed for filing a motion under Rule 3.850. You may be counting the time he was in jail as "prison" time, though, so there may still be time for the motion. Also, the letter may count as newly discovered evidence, which may extend the time period to file under Rule 3.850.

It isn't uncommon for a letter such as the one you now have to be written or to surface after a trial is over, and a motion under Rule 3.850 is the proper way to bring it before the judge. It sounds like your lawyer is doing the right thing. You should be aware, though, that 3.850 motions rarely succeed, even if a case like yours, where it seems obvious. I've handled cases almost exactly like yours where the 3.850 motion failed.

You should also be aware that the more common use of Rule 3.850 is to point out that the lawyer failed to properly conduct a defense. This may be a route for you to go also, since you've said that your lawyer did nothing. Of course, that would require hiring another lawyer, which would cost you money.

Read more
Answered on 11/11/09, 10:30 am


Related Questions & Answers

More Criminal Law questions and answers in Florida