Expert: n/a - 4/27/2009

Question
In 1990 my son and I had a family dispute at his home in a remote area of the state. He shot his gun in the floor and said the next one could be between your eyes.  I called a deputy in order to get my car  and at that time signed a waiver of prosecution on any charges there might have been. However,  two weeks later I was contacted by the Sheriff's Dept. and was asked to withdraw the waiver in order to bring my son before the court (it's a long story)  This was supposed to be in my son's best interest and was not to involve any jail time.  I did.  My son spent 3 mandatory years in prison. He was a perfect inmate.  This was the only time he has been in serious trouble. Like Willie Nelson sings "it wasn't supposed to be this way..."  and it  broke my heart. At no time,  have I ever wanted him to be in prison  I just wanted him/us in counseling.  I thought this was what was supposed to happen.  It didn't,  but was now out of my hands.  The jury was stacked, contrary to statutory law (and my son was invited by the appeals court to file a 3.850) in that the arresting officer's father was on the jury.  Later, the prosecutor, who had claimed to me all  he wanted was follow the Legislative intent of the law that was to work toward getting families in crisis help, in order that we could work things out.  Then, he testified before the Fl Bar at a hearing on ineffective assistance of defense counsel  that "...all we wanted to do was to take him off the street and we did..."  He also testified that my son had numerous prior gun charges, which is false testimony.  I have certified copies of that testimony, which is usually confidential. We attempted several 3.850 motions, but were unable to get any fair hearings. Prior to each hearing we would watch on the security cameras that show down the count house halls, while the judge and prosecutors met along with the former prosecutor/now judge met for several minutes before our hearing was called. The transcripts were altered in most of the cases we had them transcribed. No judge would ever let grant us access to the recordings made at the hearings.  Finally our limited resources were depleted and we gave up. However, recently a Federal Officer of some sort told my son that under the circumstances as my son related them to him that he had a good chance of being fully restored to all his civil rights including the right to bear arms. Which he needs in this day and time.  It has been 18 years since his conviction, over thirteen years since his sentence was completed.  (it took longer than 3 calendar years because he bonded out of prison a couple of times to work on the case and went back in when the conviction was affirmed.)  During his incarceration, my son went to the aid of a "downed officer",   while other officers stood by,  and that officer  wrote a good letter in an effort to help my son, but to no avail. Also, in the file is a couple letters from the prison guards that attest to my son's good character. Do you know if there is any thing we could do to get his rights restored. We have had guns all his life and my son was not reckless in handling his gun.  And I have to admit in my younger days I have done similar things, which set a bad  example with an extremely bad result.   This matter causes much tension between us and I pray we can get it resolved in order that he will be able to come to my aid since I am in my declining years and my infirmaries are such that I need much help.. Thank you in advance for any help or time you should spend on  this matter.  

Answer
He has to apply for full restoration of rights with the Florida Executive Clemency Board. You can download the application online but he has to get interviewed before they make a decision.  To be honest there isnt too many people with violent gun convictions that get restoration of firearm rights.  I don't know any.  No Governor I think would want that responsibility but it's worth the try.  He has a double negative offense meaning it's a violent felony and domestic violence both holding strict firearm restrictions.  At his interview he may want to bring that letter from the Police Officer.
This process will take anywhere from 2-3 years so I suggest he send his application in immediately.


Good Luck