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Florida Postconviction Relief
If you or a loved one has been convicted of a crime, you should schedule a free consultation with a Florida postconviction attorney to seek advice about your right to an appeal.
If you believe an error occurred during your trial or a legal issue warrants further review, our appellate team will carefully analyze your case, identifying avenues for appeal. This includes errors, mistakes, or misconduct by the Judges or Attorney’s involved.
Our skilled legal writers prepare persuasive appellate briefs, meticulously presenting your case to appellate courts. If you have an ongoing appeal but need guidance, our experienced appellate consultants can provide strategic insights.
What are the Steps of a Florida Postconviction Relief?
We assist in postconviction matters, including motions for sentence reductions, sentence modifications, and habeas corpus petitions. Postconviction motions are often confused with criminal appeals because both are filed after a sentence and a final judgment have been rendered in a criminal case. However, postconviction motions are filed within the sentencing court, and appeals are filed within an appellate court.
The primary category of postconviction motions available under Florida Law are motions filed pursuant to Florida Rules of Criminal Procedure 3.850. These motions raise claims for relief such as ineffective assistance of counsel or newly discovered evidence.
Applies in non-death-penalty cases when a person has been convicted at trial or has entered a plea of guilty/nolo contendere (no contest).
Claims under Rule 3.850 motions may include relief for:
The motion must be filed within two years (but should be filed earlier if the defendant wants to preserve the right to file a federal habeas petition pursuant to 28 U.S.C. § 2254).
The motion may not be filed if an appeal is currently pending, but the deadlines do not begin to run until the judgment becomes final.
Florida Postconviction Relief 3.850 Ineffective Assistance of Counsel
The most common claim in a rule 3.850 motion is ineffective assistance of counsel. For an ineffective assistance of counsel claim, a defendant must allege:
This means that a defendant must prove that there is a reasonable probability that the outcome would have been different if counsel had not been deficient OR that there is a probability sufficient to undermine confidence in the outcome of the case.
Postconviction Relief if Defendant Entered Plea
If a guilty/no contest plea was entered, the motion must show that the defendant would not have pled and instead would have proceeded to trial if counsel had not been deficient.
Florida Rule of Appellate Procedure 9.141
The most common claim in a rule 9.141 petition is ineffective assistance of appellate counsel.
The rule can also be utilized to obtain a belated appeal.
28 U.S.C. § 2254
A § 2254 petition (AKA a federal habeas petition) is a vehicle that allows a defendant convicted in state court to raise his or her federal constitutional claims in federal court for a second review by a federal judge.
All rule 3.850 claims can be raised in a § 2254 petition, and other claims involving federal constitutional claims can also be raised in a § 2254 petition.
Florida Postconviction Relief Lawyer
If you have questions about any of these postconviction motions, please call the Landsman Law Firm for a free consultation with a Florida postconviction lawyer.
In seeking justice, every individual deserves a relentless advocate who will tirelessly pursue postconviction relief. If you or a loved one are facing the aftermath of a conviction, get the certainly you need to know you did everything you could to help.
Get Informed by a Board Certified Criminal Defense Attorney
If you are charged with a crime it is important to be well informed regarding the charges against you, your legal rights, options which may be available to you, viable defense strategies, and appellate help if things don’t go your way. Call Gainesville Defense Lawyer Matt Landsman for a free consultation today.