Post-conviction relief is a legal process that allows a convicted person to challenge their conviction or sentence after direct appeals have been exhausted. It is a motion filed in the trial court, not the appellate court, and is typically used when there are errors that were not apparent during the trial or direct appeal process.
An Orlando post-conviction relief lawyer can help individuals who have been convicted of a crime and have exhausted their direct appeals. A skilled criminal defense attorney can pursue various avenues of relief, such as filing motions to vacate a conviction, argue for a reduction in sentence, or challenge the constitutionality of a conviction. A lawyer can also help introduce new evidence or raise claims of ineffective assistance of counsel.
An Orlando attorney can help individuals challenge their conviction or sentence after the initial appeals process by seeking post-conviction relief. A motion for post-conviction relief, often referred to as a Rule 3.850 motion, allows a convicted person to challenge their conviction or sentence after it has been finalized. Eligibility depends on a variety of factors, primarily focusing on whether there were issues in the original proceedings that were not properly raised earlier.
This motion essentially attacks the conviction as a collateral matter, meaning it does not directly challenge the facts of the case but rather alleges legal errors or constitutional violations. The court will review the motion and potentially order a response from the state. If the motion raises factual issues, the court may hold an evidentiary hearing where the defendant can present evidence to support their claims.
After considering the motion and any evidence presented, the court will either grant the motion, vacate the conviction, or deny the motion. If the motion is denied, the defendant can appeal the court’s decision. There are strict time limits for filing a Rule 3.850 motion, generally two years from when the conviction becomes final.
If a claim could have been raised on direct appeal, it is generally not allowed in a 3.850 motion. Due to the complexity of post-conviction proceedings, it is crucial to consult with an experienced Orlando attorney. If the motion is granted, the prosecution can decide whether to proceed with a new trial or dismiss the case.
While both involve challenging a conviction or sentence, post-conviction relief is a separate process from a direct appeal. Appeals are filed in appellate courts, while post-conviction relief is filed in the trial court. Common grounds for post-conviction relief include:
A post-conviction relief attorney in Orlando can be crucial for navigating the complex process of challenging a conviction or sentence after a final judgment has been entered. We can help if you believe your case was marred by errors, such as ineffective assistance of counsel or newly discovered evidence. A lawyer can also assist with appeals and other post-conviction motions.
We can meticulously examine trial records, court transcripts, and other relevant documents to identify potential issues, errors, or procedural violations that could have affected the outcome of your case. Our attorneys can conduct investigations to uncover new evidence that was not available at the time of the trial, which could be crucial for overturning the conviction or reducing the sentence.
Our Orlando post-conviction relief lawyers offer support and guidance to clients throughout the complex process, helping you navigate the legal system and understand your options at every turn. Contact The Umansky Law Firm today to discuss your situation in a one-on-one case consultation.
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