Once you have resolved your case in Florida, you only have a limited time to go back and reopen your case for post-conviction purposes. This process is used to vacate your conviction and sentence. Florida Rules of Criminal Procedure 3.850 and 3.800 provide the vehicle to attain relief after a conviction and sentence. This type of procedure is complicated and you should have an experienced criminal defense attorney fighting your case. I have handled many post-conviction cases under both Rules 3.850 and 3.800. Call me to discuss your case and I will review the matter in a free consultation.
Once a Defendant is sentenced after entering a plea, or after a trial, the battle does not end. Most people give up even though they are sentenced to long prison terms when the truth is that they should keep fighting their case. It is amazing how few people know that they can still fight their case in post-conviction proceedings. These proceedings generally happen after a judgment and sentence are final or after they have exhausted their appellate rights. Post-conviction also does not require someone to have been sentenced to prison or jail, even someone convicted of minor offenses such as driving on a suspended license can fight their convictions.
A 3.850 motion must generally be filed within two years of the conviction or appellate mandate, unless an exception applies
under that rule. These exceptions are newly discovered evidence, an attorney was hired to file a post-conviction motion but failed to do so, and when an appellate court finds that an issue
should retroactively applied.
Issues generally raised in post-conviction motions are the following
I am ready to review your case or your family member's post-conviction case. Not all cases are ripe for a post-conviction proceeding but there is no fee to review your situation as I offer a free initial consultation.
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HANDLING POST-CONVICTION CASES THROUGHOUT SOUTHWEST
FLORIDA AND SURROUNDING AREAS