QUESTION
Does My Boyfriend need to file a motion to mitigate the sentence or a Habeaus Corpus?
Asked on Jan 26th, 2013 on Criminal Law - Florida
More details to this question:
After the trial and before sentencing the judge allowed my Husband to be released from jail and a painpump installed for pain due to a prior injury and lawsuit. At sentencing he was sentenced to Prison time. Theyhave not taken care of him and have not refilled the pump. The Lawyer has filed a Motion to Mitigate the sentence and The Judge has said in the past hearing that a Habeaus Corpus is what needs filed. What do I do? He is not getting care and months just keep passing by. How do I get someone to treat him?
1 ANSWER
1 Award
Motions to modify sentences are to be filed within 60 days after the sentencing date. I don't know how much time has elapsed -- but, if more than 60 days, that may be why the judge previously said it needs to be done via Habeas Corpus.
Answered on Jan 31st, 2013 at 3:15 PM