Tallahassee Defense Lawyers Outline the Process of Post-Conviction Relief
Getting convicted of a crime is a scary thing. Even if you’re innocent, once that guilty verdict comes down, it can feel like your life is over. But don’t lose hope! There are still options, like post-conviction relief, that can help you get your conviction overturned. As defense lawyers here in Tallahassee, we’ve seen how powerful post-conviction relief can be for our clients. In this article, we’ll walk you through exactly what post-conviction relief is, when you can file for it, and how the process works here in the Sunshine State.
What is Post-Conviction Relief?
Post-conviction relief is the legal process of challenging your conviction and sentence after you’ve already been found guilty and exhausted your direct appeals. It allows you to bring up issues that weren’t addressed at trial or on direct appeal and essentially gives you a second chance at fighting your criminal conviction.
In Florida, the main type of post-conviction relief is called a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. This allows you to allege that your conviction or sentence violated the U.S. or Florida constitution, that the court lacked jurisdiction to convict you, that your sentence exceeded the legal maximum, or that there are certain other technical problems like ineffective counsel or newly discovered evidence.
When Can You File for Post-Conviction Relief?
There are strict deadlines for filing a 3.850 motion. Generally, you must file within 2 years of your conviction becoming final. That means 2 years after you finished your direct appeal, if you filed one. There are exceptions that can give you more time in certain circumstances, like:
- Newly discovered evidence – You have 2 years from the date the evidence could have been discovered with due diligence
- Retroactive change in the law – You have 2 years from the date the law changed
- Impeded filing – You have 2 years from the date the impediment to filing was removed
You only get one chance at 3.850 relief, with a few exceptions. That’s why it’s so important to work with an experienced post-conviction attorney to identify all possible grounds for relief in your first motion.
How Does the 3.850 Process Work?
Filing a 3.850 motion sets off a long process with a lot of back and forth between you, your lawyer, the prosecutor, and the court. Here’s a basic overview:
- Filing – Your post-conviction attorney files a detailed motion explaining the facts of your case and the legal grounds for relief.
- State’s response – The prosecutor will file a response denying your claims.
- Evidentiary hearing – The court holds a mini-trial to resolve any factual disputes related to your motion.
- Ruling – The judge decides whether to grant or deny your requested relief.
- Appeals – Either side can appeal the court’s ruling on your motion.
This whole process can take over a year in many cases. It ends when the court enters a final order granting or denying some or all of the relief requested in your motion.
Common Grounds for Relief
There are lots of ways post-conviction relief can help overturn or modify convictions and sentences. Some common grounds we see in Tallahassee 3.850 motions include:
- Ineffective assistance of counsel – Your lawyer made serious errors that negatively impacted your case. For example, failing to call a key witness.
- Prosecutorial misconduct – The prosecutor behaved improperly, like hiding evidence or making inflammatory statements.
- Actual innocence – You have new evidence proving you didn’t commit the crime.
- Illegal sentence – The court imposed a sentence above the legal maximum for your crime.
- Change in the law – There’s been a retroactive change in the law that makes something you did no longer a crime.
The options for relief depend on the unique circumstances in your case. An attorney can help assess the issues and build the strongest argument to challenge your conviction or sentence.
Work with Experienced Tallahassee Post-Conviction Attorneys
Don’t go through post-conviction relief alone. The rules and procedures are complex, and missing deadlines can ruin your chances. An experienced local attorney knows how things work in Tallahassee courts and how to effectively argue for post-conviction relief.
If you’ve been wrongly convicted in Tallahassee, contact us today to start the fight to regain your freedom. Relief may still be possible!
[Insert contact info, etc.]References
Florida Rule of Criminal Procedure 3.850
Standards for Ineffective Assistance of Counsel Claims
Ineffective Assistance of Counsel Claims in Postconviction Relief Proceedings