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  #1  
Old 05-19-2015, 10:26 PM
Taralynn214 Taralynn214 is offline
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Default Modification of Sentence Help (Florida)

If anyone knows anything helpful I would be so thankful

My fiance is incarcerated in Escambia County, Florida. He was sentenced to 11/30 on 3/24. He had a detainer from Tampa on him making Work Release not an option until the warrant is cleared, well Hillsborough picked him up ...yeah! I called and was informed that Work Release was not put into his sentencing and that a modification needs to be done, okay fine. His lawyer wont return calls, doc prep people are too expensive so I found a great sample online.

What I am needing to know is since I am not an attorney I am not supposed to prepare the document or just not sign for him? Do I forward it to him with all the copies to fill out and then send in from jail? There is an option to send it via email to the Judicial Assistant and forward a copy to the state, can I do it from his email address?

Apparently you have 60 days to file from the sentencing date, well that is up on the 24th. I am kind of in a pinch...

Thanks!!!
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Old 05-19-2015, 11:18 PM
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You can fill out the paperwork for him but he will have to sign it. Basically you are doing this on your own (ProSe). Does the p/w require a notary? If not then send the p/w to him, have him sign it, send it back to you, and then get it to the appropriate people. If it requires a notary, you will need to have that done and that will be an issue since he is in jail. Check with the jails to see if they have a notary at the jail.

Since you can email it to the Judicial Assistant, send it to him/her via email on his behalf (your BF) and when you send a copy to the state, send it certified/proof of mailing to ensure you have the documentation proof that you sent it or send it via FedEx which is faster.

Since you only have 4 days I would figure out how you can get this to him ASAP for signature at the jail.
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Old 05-19-2015, 11:23 PM
Taralynn214 Taralynn214 is offline
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You can fill out the paperwork for him but he will have to sign it. Basically you are doing this on your own (ProSe). Does the p/w require a notary? If not then send the p/w to him, have him sign it, send it back to you, and then get it to the appropriate people. If it requires a notary, you will need to have that done and that will be an issue since he is in jail. Check with the jails to see if they have a notary at the jail.

Since you can email it to the Judicial Assistant, send it to him/her via email on his behalf (your BF) and when you send a copy to the state, send it certified/proof of mailing to ensure you have the documentation proof that you sent it or send it via FedEx which is faster.

Since you only have 4 days I would figure out how you can get this to him ASAP for signature at the jail.

Thank you so much for the reply. There is notary needed I double checked and if I email it to the JA then I am unable to send it any other way, this is directly from the Judges web page for instructions.

I think I will give the JA a ring tomorrow to clarify.
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Old 05-19-2015, 11:26 PM
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If the document requires a notary it will need to be notarized at the jail. You should call the JA office tomorrow and ask how this can be accomplished with your BF incarcerated.

Usually if a document requires a notary, the original needs to be sent to the appropriate department.

Again, I agree call them!
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Old 05-19-2015, 11:28 PM
Taralynn214 Taralynn214 is offline
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Originally Posted by myfreedom2010 View Post
If the document requires a notary it will need to be notarized at the jail. You should call the JA office tomorrow and ask how this can be accomplished with your BF incarcerated.

Usually if a document requires a notary, the original needs to be sent to the appropriate department.

Again, I agree call them!
I meant NOT needed...lol

Sorry
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Old 05-19-2015, 11:31 PM
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That is better! No notary helps your limited time frame.

Since he just has to sign the document, fill it out, email it to him, let him print it off and sign it, scan it back in and email it to the JA himself. If he doesn't have that capability then have him email it back to you so that you can send it to the JA.

Time is of the essence for you and him!

Good luck!
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Old 05-20-2015, 12:50 AM
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you're still going to need his signature

She cannot sign it on his behalf. He's filing pro se, he must know the contents of the document, approve of those contents, and be able substantiate those contents. Errors to the document will be charged to him, including but not limited to perjury for things that are absolutely false.

Yes, time is of the essence, but should you fill it out and sign it for him, you're practicing law without a license - that's a felony in FL. Best practice is to give him the form, let him fill it out and deal with it, since the worst case scenario is he gets busted for swearing a false statement and you get busted for UPL.

BTW, notaries are available in all prisons. He can contact his counselor for information about obtaining a notary should one ever be necessary in the future (like for a POA or something).
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Old 05-20-2015, 02:10 AM
Taralynn214 Taralynn214 is offline
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you're still going to need his signature

She cannot sign it on his behalf. He's filing pro se, he must know the contents of the document, approve of those contents, and be able substantiate those contents. Errors to the document will be charged to him, including but not limited to perjury for things that are absolutely falsE
Yes, time is of the essence, but should you fill it out and sign it for him, you're practicing law without a license - that's a felony in FL. Best practice is to give him the form, let him fill it out and deal with it, since the worst case scenario is he gets busted for swearing a false statement and you get busted for UPL.

BTW, notaries are available in all prisons. He can contact his counselor for information about obtaining a notary should one ever be necessary in the future (like for a POA or something).

Thank you for your response. For the record I was not considering signing his name, I am trying to help him leave jail not join him in it

I was thinking more on the lines of emailing the motion to the JA as this is an option from the judges website. I was hoping someone had previous experience or knowledge if it would be acceptable coming from his email. The best way is for me to sit tight and call in the morning.
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Old 05-20-2015, 07:36 AM
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For clarity I never said for the OP to sign the documents. I said she can fill them out and send them to him for signature. He is acting upon himself therefore he is ProSe.

Not sure how my communication above got mixed up....
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Old 05-20-2015, 07:42 AM
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For clarity I never said for the OP to sign the documents. I said she can fill them out and send them to him for signature. He is acting upon himself therefore he is ProSe.

Not sure how my communication above got mixed up....


I think it was my wording in the original post. I wrote " since I am not an attorney am I not supposed to fill out the document or just not sign it"

My fault, I know not to sign his name but I wasn't sure about filling in the information.
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Old 05-21-2015, 08:07 AM
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If at all possible, he's got to give you his POA, power of atty, to act on his behalf. If he totally trusts you, this can be a general POA, enabling you to do anything that he could do, However, inmates are advised to limit their POA's, as to time frame and what the appointed person is permitted to do. This will not happen in time to help you with this current issue, but it will help with future issues. POA's DO have to be notarized and the prison/jail DOES have a public notary (required for them). It's also required that they offer a notary service for all their inates, but it can be a real pain to get such a POA notrizes. He'll just have to keep trying, and if need be, you or he might have to contact his judge and get a call, perhaps even a court order to the effect that he WILL be allowed to get notarization of a POA.
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Old 05-21-2015, 08:49 AM
Taralynn214 Taralynn214 is offline
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Thank you and that is something that we should have handled before he went In.

Just an update I ended up writing a letter asking for a modification to the judge from him, his employer wrote one and I wrote one. The only way to get it in by the 24th was to email them to his attorney in Tampa to print out and have them signed today in court. So that is all done and being overnighted.

I am so happy to say that all of his cases are done and have been run concurrent. His release date is 8/23/15!!!
I am so excited, he can finally meet his son who will be 5 months by then and see our 1 year old walking and talking. It's a happy day!
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Old 05-21-2015, 01:50 PM
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glad to hear it. Only about 20% of those in prison should have been sent there,
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Old 05-21-2015, 06:55 PM
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glad to hear it. Only about 20% of those in prison should have been sent there,
Can you actually back up this stat?
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Old 05-21-2015, 07:06 PM
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Originally Posted by Taralynn214 View Post
Thank you and that is something that we should have handled before he went In.

Just an update I ended up writing a letter asking for a modification to the judge from him, his employer wrote one and I wrote one. The only way to get it in by the 24th was to email them to his attorney in Tampa to print out and have them signed today in court. So that is all done and being overnighted.

I am so happy to say that all of his cases are done and have been run concurrent. His release date is 8/23/15!!!
I am so excited, he can finally meet his son who will be 5 months by then and see our 1 year old walking and talking. It's a happy day!
Glad he's coming home soon.

In as far as low/no cost POAs go, you can get static copies from legal aid, assuming you qualify.

POAs are great, but they are state specific. If you're a couple and you want to be able to take care of stuff for a LO when that LO is not able to do it him/herself, POAs are essential. Note, some states put medical issues into a single POA, some divide it out so that you can have a medical POA and a property POA. Some states allow for psychiatric POAs as well (allowing a person while competent to dictate treatment when not competent). A medical POA will not allow you to sell a LO's truck, and a property POA will not allow you to pull the plug on a LO, so having the proper POA is essential, whether in prison or not.

A POA can be withdrawn at any time. Further some states have limits on how long POAs can last. You can further limit a POA - Guy has POA to sell my car, Dude has POA to deal with my bank accounts, etc., but you cannot increase the powers of a POA beyond what's granted by statute. And the basic format, including required words, are written in the Statutes.

BTW, the "a" in POA does not make you a licensed attorney capable of representing somebody in a court of law. Further, a fiduciary duty attaches to the person acting for the person under disability (under disability in this case means unable to act for him/herself). And, you can only act while the person is under disability - so, if a person's in Iraq, the POA kicks in to deal with local, stateside crap with the exception of stuff the person can handle - signing his will, making a decision to keep/sell a truck, etc. The nuisance of going to a jail is generally not "under a disability" for the purposes of a POA.

Should you have questions about POAs, you should consult competent counsel in your state because, again, everything is STATE SPECIFIC and what's true in one state is not true in another.
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