Legal Question in Criminal Law in Florida

Conflict of Interest

My son was sentenced to the maximum 10 years in prison for attempted armed robbery with a firearm. He was just 16 without priors and I felt that was a harsh sentence due to the circumstances.

I researched it and found from 2000 to 2004 all boys 14-20 recieved between 2-4 years for attempted armed robbery with a firearm (even in other countys). I spent hours pulling up each person individually.

Anyway I found that my son was dealt with so harshly because the judge's husband lost a settlement to the lawyer I hired. All of the cases before this judge with this lawyer got the maximum. In one case, the state was asking for probation and she gave the maximum 3 years in prison because ''I can''. I read the file and the state was arguing for the sentence to be reduced. The lady was pregnant, helped the state and they had an agreement, and she had health problems.

I spent months reviewing files to prove this conflict. I can prove it. The judge even sentenced a boy to 364 days with a 15 year minimum mandatory for armed robbery with a firearm right after my son was sentenced.

I can prove the conflict. She recused from other cases sighting the conflict. I filed a 3850 due to the conflict, but I'm still stuck with this jud


Asked on 8/23/06, 10:54 am

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Conflict of Interest

No it sounds to me like he was sentenced to 10-20 lIFE which means there is a mandatory 10 for a crime committed with a firearm.

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Answered on 8/23/06, 11:41 am
Richard Hornsby Richard E. Hornsby, P.A.

Re: Conflict of Interest

If you truly believe the judge is acting vindictively or capriciously you should file a complaint with the Judicial Qualifications Commission at http://www.floridasupremecourt.org/pub_info/jqc.shtml

Also, if the Judge has recused herself before for a similiar reason you need to file a 3.850 against the lawyer for not moving for recusal. You also need to move to have the judge recused from hearing the 3.850

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Answered on 8/23/06, 1:32 pm


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