Motions for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850
Florida Rule of Criminal Procedure 3.850 provides relief in state court for those convicted of a crime. A defendant can file a motion in state court to challenge issues regarding the ineffective assistance of counsel, claims of new evidence, involuntariness of a plea, and the legality of a sentence.
Generally, however, most defendants file the motion seeking to vacate their conviction, judgment and sentence based upon a claim of ineffective assistance of counsel. It is the defendant’s burden to show that their counsel was ineffective and if counsel had offered effective assistance, the result of their case could have been different. Defendants can also file the motion to challenge their plea by arguing that it was involuntary due to counsel’s failure to advise of the consequences of entering into a guilty plea.
Defendants can also file motions claiming new evidence has been discovered. However, a defendant has the burden to show that the new evidence could not have been obtained by due diligence during the original proceedings. A defendant also has the burden to show that the new evidence could have altered the result of the case.
Defendants have two years to file the motion unless the Defendant is proceeding by claiming newly discovered evidence. This two-year statute of limitation period starts when the judgment and sentence become final. It must be filed where the trial court sentenced the defendant and will likely be heard by the same judge. If an appeal is pending, the trial court cannot hear the motion until the appeal is closed. This is why it is absolutely vital to obtain the services of the best post-conviction lawyers when considering your options.
At the Law Offices of Paul D. Petruzzi, P.A. we have dealt with many motions for post-conviction relief. Call us today to discuss whether you or your loved one should file a motion for post-conviction relief.