dui manslaughter
my husband is in prison for Dui Manslaughter. is lawer dident do anything for him he only visited hem once in jail. my husband has never been in trouble like this so he was scared.his lawer told his grandmaw that he would go to trial. the day we was gettint sentenced we were in the wrong room and when we went to the wright room we were still waiting for my husband. the lawer wanted to start without him the judge sad no he wanted to rush it. when clay was there he ask what he should do he told clay to take the deal that was 10 years. so clay did .now that he is in prison the gards and inmates are telling him he got jipped that other people with the same charge are gettint 4 years. so is ther anything that i can do to get im out early. he already served to years. he dosent deserver this he is a good person
1 Answer from Attorneys
Re: dui manslaughter
Hello,
Thank you for your email and I am sorry to hear about your and your husband's situation. Reading through the facts that you provided, I can only give you a very basic response. I would need to more facts for a more definitive answer. It seems that your husband Clay took a plea bargain for 10 years prison time on a dui manslaughter. Now you want to have the Court erase that sentence and have a new sentence imposed.
Sadly, this is a very hard thing for the Florida courts, and any Court for that matter, to do. You would need to find new counsel to file a Motion To Vacate the sentence. Your lawyer would need to find some reason why the agreement to the 10 years was not proper. In most cases that get granted various facts show that the Court was biased, or that the lawyer representing the defenant was incompetent. Because I do not know the facts of Clay's case, I cannot comment as to what can be done in his case.
Please be aware that this type of motion is very hard to win. The facts definately need to be on your side, and it is not enough to say that other people in a similar type of case only do 4 years. Every case and every judge is different. Clay most likely voiced in court that he knowingly and voluntarily accepted the State's offer.
I wish you good luck in you husband's case and that you can find an attorney that can put all his expertise in the case.
Sincerely,
Joseph P. Vredevelt, Esq.
Miami DUI Lawyer
http://www.305duilawyer.com
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