There are multiple Florida state postconviction proceedings that can be used to obtain an acquittal, a new trial, a lesser sentence, or other relief. With your unique circumstances in mind, McLain Law will formulate a Florida state postconviction strategy and fight to obtain positive results for you.
A 3.850 motion must normally be filed at the trial court level within two years of your judgment and sentence becoming final. In general, a 3.850 motion is used to bring claims of ineffective assistance of counsel, newly discovered evidence, involuntariness of plea, and sentencing errors. If successful, you could be granted an acquittal, a new trial, a lesser sentence, or other relief.
A 9.141 petition must usually be filed within two years of your state direct criminal appeal being denied. A 9.141 petition is used to challenge the effectiveness of your counsel during the Florida state direct criminal appeal. If granted, you could be afforded a new Florida state direct criminal appeal.
A 3.800 motion is used to correct an illegal sentence. A sentence is illegal if, for example, it violates double jeopardy, exceeds the allowable limit, or imposes an improper condition. There is no time limit to bringing a 3.800 motion to correct illegal sentence. If successful, your illegal sentence will be corrected.
A 3.800 motion is also used to reduce an otherwise lawful sentence. The goal in a 3.800 motion to reduce sentence is to convince the trial court that you deserve a lesser sentence. This type of motion can be filed either within 60 days of sentencing or 60 days from your sentence becoming final. If granted, the trial court will grant you a lesser sentence.
A 3.801 motion is used to correct the trial court’s failure to award you all jail time served. This is a relatively new rule. A 3.801 motion must be filed within one year of your sentence becoming final
There have been a number of advancements in DNA testing. There are also circumstances where items material to your crime were never tested for DNA. You could be acquitted of the crime if exonerated by DNA evidence. There is no time limit for you to file a 3.853 motion for postconviction DNA testing.
Qualifying juvenile offender’s are now entitled to have their sentences reviewed after serving a certain period of time in prison. If the court is convinced that you are rehabilitated and reasonably believed to be fit to reenter society, the court can modify the remainder of your prison sentence and impose a term of probation of at least five years.
Not every Florida state postconviction proceeding is the same. For you to bring forward an effective Florida state postconviction proceeding, it is important for your appellate criminal attorney to know the Florida rules of criminal and appellate procedure and criminal statutes and case law.
At McLain Law, we are dedicated to putting forward effective Florida state postconviction proceedings by being familiar with the law, utilizing effective legal research, and remaining up to date on the newest decisions released that could be controlling of your case.