I need some advice on how to file an appeal after you have signed a plea bargain that states you can't appeal. I know there is some papers that can be filed. I just can't find out which one it is. It has to do with ( insufficient represaentation), or (motion to correct an illegal sentence), or Rule 3.850, whatever that is. It could be only one or it could be all 3. Can someone help me please? Thank you

WorriedMom I am sorry that you find yourself so confused and obviously
in need of assistance. I am not an attorney and you must not take my
advise as coming from one. Because you signed a plea bargain and you
mention Rule 3.850, I simply looked it up and found what follows:
Rule 3.850 of Florida rules of criminal procedure is designed to permit
a defendant to file (motions to vacate, set aside, or correct sentence).
Obviously, you cannot file any of these motions until you are sentenced.
WorriedMom, you make no mention of your attorney, why is that?
A federal court will not accept your guilty plea without an attorney who
is by your side during your plea agreement. According to what you tell
in your post, I cannot go any further due to that in doing so, may further confuse you, if you have an attorney. Feel free to send me a
private message if you feel you need to. By the way, in the motions that
I mentioned above, ineffective counsel can be used as the vehicle for
all the motions that Rule 3.850 permits.

My son was not in federal court. It was the state of Florida. He had an attorney but he was lied to, to get him to sign the plea deal. This is our first time dealing with the court system and had no idea what to do so we gave an attorney all the money we had. Now they tell me my son can't get a public defender to help him. I had proof he wasn't guilty but the attorney said it won't matter. All the lies that was told in that courtroom was believed by the judge and now my son is serving 7 years for something he did not do. Thank you for trying to help me understand.

I dont know what Rolando or maybe ASE would say but as they are saying he cant have a public defender now, couldnt he get a jail house lawyer most prisons have them and most are very good, to help him sort out an appeal and send it to the supreme court?
looks to me like you had another case of the lawyer being up the judges butt, he had no right saying it dont matter when you have proof that your son is not guilty, you can also complain about the judge if you need to and get them removed from your sons case, if you have evidence aganst the judge. Chin up and good luck.

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WorriedMom I am just getting on my computer, so I see it is your son who is the defendant here. I assumed it was you as I assumed the case was in a federal court. Now the reason for that is the federal rule of criminal procedure you mentioned 3.850.

I have noted, that Florida is one of only a few states that do not guarantee a defendant a right to counsel on Post-conviction appeal. WorriedMom, Post-conviction means "after a conviction has been entered". In Florida, rule 3.850 is a tool a defendant can use to attack a conviction -- "by motion"-- under rule 3.850. Now I know for a fact that this information confuses -- even me. So what I will do is give you all the information you need to know about what to do -- now. Just keep in mind that your
son now needs to utilize rule 3.850 to attack his sentence and conviction.

Just click to the link below and you will read everything you need to know about rule 3.850 and how to proceed from now on through...Best wishes and good luck.

Post Conviction Process

P.S. If I can be of further assistance please feel free to ask.

Went thru the same back in 2001 with my son in Florida. Hope all works out with the information Rolando has given you. To many years back for me to remember details, same situation as your son. If I were you it will ger confusing, and get with Rolando thru would be a good idea, for more infor and suggestions. .

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WorriedMom I should have added this information to my last comment to you.

Post Conviction Process

If I were you I would print the information on the link and send it to your son. I am sure someone will help him file his motion under 3.850 in the trial court, which is the appropriate venue to do so.

He must do this promptly, so do not loose time unnecessarily. By filing this motion under 3.850 opens the door for an appeal in case his motion is denied by the court. Otherwise he cannot appeal his sentence and conviction.

Her son has to be the one to file, this information given to her son is a blessing, once in they make it tough to find what one needs to file and what forms. Not right but they put the spin on and lack of information to the inmate themselves, I know how Florida plays...

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I would need more general information on the case . Usually once you sign a plea it is very difficult to appeal to retract it . a Plea is saying you are guilty . legally at any rate . A seven year sentence tells me there was some kind of felony and the defense attorney believed it was enough to convict

Defense attorneys very rarely lie to their clients this myth is told as fact on another site . Also Public Defenders are not as bad as they are made out to be on another site . They often go on to become private defense attorneys so they usually try to do a good job with very limited resources . There is a lot of misinformation elsewhere . on this .

Usually if a plea is offered and the defense attorney says take it the evidence must be damning . TX and OK being exceptions to this most of the time

There is not any conspiracy among attorneys . prosecutors and defense attorneys might be profession but very rarely like each other or socialize with each other that is from fiction novels and people unwilling or unable to admit their loved one is guilty .

If some once accepted a plea agreement it is very hard to if not impossible to get public assistance in fighting it . It is very difficult to get a private attorney to fight it . You would need a lot of overwhelming proof of misconduct deliberate or not on the part of the state .

A plea agreement is an admission of guilt .

Once again with out knowing much about this it is hard to giveyouany idea on where to seek assistance .

If you post a little more maybe I can point you in the right direction

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OH avoid jail house lawyers in this situation .

__________________
The Constitution is not a Technicality!

Me

If you never have dreams they will never come true.

Somethings are worth fighting for !

http://www.youtube.com/watch?v=a2Ngn...eature=related


Money Talks !

http://www.youtube.com/watch?v=AgL8qqjOnlg