Post Conviction Relief Motions Defense in Miami, Broward and Hialeah
MIAMI Post Conviction Relief Motions ATTORNEYIn the State of Florida there are several different post conviction relief methods available to you. The most common is for the person convicted of a crime to attempt to vacate the conviction through a Rule 3.850 Motion or a 3.800 Motion. After a defendant is sentenced by the trial court, following either a plea or a trial, the process of seeking relief from the sentence begins for many defendants, especially those sentenced to a long prison term when the underlying evidence is weak.
Florida Rules of Criminal Procedure 3.850 provide several basis for relief; however, in general, many 3.850 motions seek to vacate a conviction, judgment and sentence, based upon a claim of ineffective assistance of counsel. Although it is a common allegation that a defendant received ineffective assistance of counsel, it is insufficient to make such a claim in conclusory form. Thus, it is the defendant’s burden to establish that his/her counsel failed to render effective assistance of counsel, and that had counsel offered effective assistance, the ultimate result could have been different.
Examples of common claims of ineffective assistance of counsel are as follows:1. Counsel failed to investigate and file a motion to suppress;
2. Counsel failed to advise of a plea offer, or failed to a advise of the consequences of accepting/rejecting a plea offer;
3. Counsel failed to investigate exculpatory witnesses;
4. Counsel failed to preserve issues for appellate review.
In general, 3.850 motions must be filed within two years of final judgment and sentence. A judgment becomes final either upon the date of an appellate mandate affirming conviction, or if an appeal was not filed, upon the date that the right to file an appeal expired. The time requirements must be strictly adhered to, and if a party violates the two-year deadline, absent a valid exception to the rule, courts will not hear the motion.
How we can support you in the processOur firm’s lawyers are well versed in the complicated process in seeking a post conviction relief per Rule 8.350. We will help you file the motion and ensure that your claims are legally sufficient after which the court will often require that the State respond in writing within a certain period of time. In the case that the state orders an evidentiary hearing our lawyers will be by your side and testify to the merits of your case and help you clear your history and focus on your future.
If you have are dealing with a Post Conviction Relief Motion in Florida, it is important to seek a Criminal Defense Attorney immediately. Contact Miami Criminal Defense Attorney Adam K. Goodman to learn about your options during a free consultation. As a Hialeah Criminal Defense Attorney, Adam K. Goodman will aggressively fight for you and defend your constitutional rights. Adam K. Goodman maintains the ideal that relationships matter, which has earned him respect amongst prosecutors and judiciary. This leads to results for you, the client.
As a former Miami prosecutor and Chief of Litigation, Adam K. Goodman has the experience and knowledge to defend your case. Contact The Law Office of Adam K. Goodman at (305) 482-3265 or (954) 695-5126 today for all of your Broward County, Palm Beach, Monroe, or Miami Criminal Defense needs.