Springfield, IL asked in Criminal Law for Florida

Q: my husband was contacted a year ago that they did an illegal sentencing on him if this is so will they have to release

they gave him ten yr midman and fifteen yrs five months apart two differnt counties for the same charges they contacted him and told him it was an illegal sentencing so how do i go about this do i or can i file a motion for thie review of this and will they have to release him he is done with the midman already iwiuld assume at 85percent

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: Your inquiry provides zero information about why the sentences were illegal or how that illegality might affect either the original length of sentence or eligibility for gain time. An experienced post conviction relief lawyer would need detailed information about the circumstances of the charges, pleas or trials, any appeals and previous post conviction relief motions. The usual 2 year limitation does not apply to challenging an illegal sentene, as long as the same issue has not been previously raised and denied.

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