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

  • Ineffective assistance of counsel
    • Failure to Investigate Defense and/or witness/alibi
    • Failure to correctly advise the Defendant
    • Failure to advise about immigration consequences
    • Giving incorrect advise on a collateral matter
    • Giving no advise on a direct consequence of a plea
    • Failure to communicate plea offers
    • Failure to challenge evidence pre-trial or during trial
      • Failure to file a motion to suppress or other motions
  • Double Jeopardy Issues
  • Scoresheet Issues
  • Judgment or Sentence is incorrect or faulty
  • Involuntary or Unknowing Plea
  • Failure of the Trial Court to warn the Defendant during the Plea
  • Competency Issues
  • Newly Discovered Evidence
  • Illegal Sentences
  • Credit Time Served Errors
  • Sentence is greater than the Maximum for the Charges
  • Habitual Traffic Offender Designation for Pleas to multiple DWLSR

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.


Call Today for a Free Consultation

(239) 278-1005