[Kalandra]

My friends brother was convicted of first degree attempted murder and a weapon possession charge. Maybe you can look into his case his name is Jarvis Howliet vs. State of Florida. He at the time was only sixteen years old. The crime was committed in the State of Florida. He plead guilty to the charges according to the news, but it seems as if he had a trial, because they played in court a surveillance video of the whole incident but there was no jury there. I was there when a judge sentenced him to 25 years in prison, and right after the sentence was handed down I specifically remember his public defender being asked what could be done, and he said nothing about a appeal being filed. He was also asked by me if he had to serve the entire prison term to which he replied that the sentence requires a mandatory ten year term. His family has tried to file appeals but I guess it was too late, because every time the appeal decision comes back they are told that they were supposed to file it within a certain amount of time after the sentencing. Since it has now been ten years, what are his chances of being let out and what steps can the family take to get him out? You should also know that he has had some behavioral issues while incarcerated. Will this possibly have a effect on his release?

[excon]

what are his chances of being let out and what steps can the family take to get him out? You should also know that he has had some behavioral issues while incarcerated,

Hello K:

His chances aren't good. His family needs to hire a lawyer.

excon

[twinkiedooter]

The appeals attorney should have informed your family on the exact time limit on filing appeals. Now, after the time limit has tolled he has no more chances for an appeal being filed. Also, for an appeal to be granted the attorney must prove judicial error for the appeal to be granted in a criminal matter.

He did not have a trial. That was the PD's decision. He now cannot demand a trial as he waived his right to a trial when he pled guilty.

You need to consult with a good appeals attorney and see if there are any options now available to your brother for getting out early. Probably not at this point seeing as he's gotten into more trouble since he's been in prison. Your only avenue left would be the parole board and trying to convince them of an early parole. When does he come up for parole? Have you attended any of his parole board meetings?

[Kalandra]

The family has not applied for the parole, but they are trying to figure out if he would qualify. In Florida the law says that a inmate must serve 85 percent of the time sentenced, however with his Public defenders comments at sentencing was that it was a mandatory ten, then what do we do next?

[Fr_Chuck]

Several maybe,

If at the first hearing, the state submitted evidence to validate the charges,

He may have accepted a plea deal or he plead guilty, if those are the case there is no appeal since you can not appeal if you plead guilty or accepted a plea.

I guess the issue is, at no time did I hear anyone say he was not guility, so what exactly do you want appealed

But yes, there is a limited time where you can file an appeal, and even then there has to be a reason for one, you can't just appeal if you did not like the verdict.

The family needs to hire a new attorney to review the entire case