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    khemiblueyes's Avatar
    khemiblueyes Posts: 1, Reputation: 1
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    #1

    Apr 1, 2009, 08:31 PM
    Illegal sentence
    What if someone is in prison in Florida, serving a sentence beyond the statutory maximum punishment for his crime, and a crime he was never formally charged with, that he can prove by the face of the record that it is illegal, by which method does he use to prove this to the courts? He has filed a writ of mandamus, and the court response was even though he is right it was done in an untimely fashion. He asked for a rehearing which was denied, now he is in the process of doing an appeal... I feel that we are not going about this right, he has been in prison for 18years please, any help would be appreciated.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Apr 2, 2009, 05:33 AM

    Hello k:

    Contact the The Innocence Project - Home They should help. They're the ones who are responsible for over 100 innocent death row inmates being released..

    excon
    sickofthesystem's Avatar
    sickofthesystem Posts: 5, Reputation: 1
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    #3

    Sep 29, 2009, 02:31 PM
    I'm guessing the max is 15 years. Sounds like you have a lawsuit on your hands. Goodluck
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
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    #4

    Sep 30, 2009, 12:07 PM

    A writ af mandamus normally is a petititon asking that a court do something or not do something. A writ of habeas corpus is normally filed when someone is being held under an illegal sentence.
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