Post-conviction relief can offer avenues for individuals who believe their criminal sentence was incorrectly imposed, or is illegal, to seek remedies after their trial and direct appeals have concluded. This type of legal challenge can be brought for various reasons, including incorrect criminal sentencing in Orlando.
For example, if the sentence imposed was not authorized by law, either under the plea agreement or the applicable sentencing guidelines, there may be grounds to launch a challenge. It is crucial to be aware of the time limits for filing a post-conviction relief motion. An experienced criminal defense attorney can navigate the complex process on your behalf, and ensure that all deadlines and procedures are followed.
Post-conviction relief for an incorrect sentence can be pursued through a few primary mechanisms, including a Rule 3.800 motion and a Rule 3.850 motion. A Rule 3.800 motion can be used to address the correction of illegal sentences that are apparent on the face of the record. This means the error is readily apparent without the need for an evidentiary hearing. A sentence exceeding statutory maximums is a common example of an illegal sentence that can be corrected under this rule.
A Rule 3.850 motion, on the other hand, is a more comprehensive post-conviction relief motion that can be used to challenge the validity of a conviction or sentence based on various grounds. A Rule 3.850 motion can also be filed if the judgment or sentence violated state law, the court lacked jurisdiction, the sentence exceeded the maximum penalty, or the guilty plea was involuntary.
A motion under Rule 3.850 must generally be filed within two years of the sentencing, unless specific exceptions apply. There are other time limits for filing motions to correct illegal sentences. In some cases, courts may treat a time-barred Rule 3.800 or 3.850 motion as a petition for writ of habeas corpus to prevent manifest injustice. This can occur when the time limits for filing the motions have been exceeded, but the underlying claim is valid and could lead to an unjust outcome.
It is advisable to seek assistance from an Orlando attorney as soon as possible if you believe you may have a valid claim for post-conviction relief for an incorrect criminal sentence. Post-conviction relief is different from an appeal. An appeal is a request to a higher court to review a lower court’s decision. Post-conviction relief, on the other hand, is a separate legal process that allows a defendant to seek a review of their conviction or sentence by the trial court, often after an initial appeal has been denied.
Aside from sentencing errors such as an illegal sentence, there can be additional grounds for post-conviction relief. Common grounds for relief include newly discovered evidence, ineffective assistance of counsel, prosecutorial misconduct, and constitutional violations. There are strict time limits for filing any motions for post-conviction relief, so it is important to act quickly.
An Orlando attorney can identify valid legal grounds for relief that may apply to your case and demonstrate an incorrect criminal sentence. For example, some common signs of an illegal sentence include it being imposed by a court without jurisdiction, exceeding the statutory maximum, being ambiguous, or inconsistent with the oral pronouncement in open court.
If the sentence does not comply with the terms agreed upon in a plea bargain or court deviates from the agreed-upon sentence, it may also be grounds for relief. Changes in the law may provide grounds for relief if they alter the legal standards applicable to your case.
Post-conviction relief provides a legal pathway for challenging and potentially correcting incorrect or illegal criminal sentences. If you believe your sentence was improperly imposed, consulting with an experienced criminal defense attorney is crucial to explore your options and determine the best course of action.
A successful motion for incorrect criminal sentencing in Orlando may lead to the modification of the sentence, a new trial, or other forms of relief. Contact The Umansky Law Firm today to request your free case consultation and speak one-on-one with a member of our legal team.
The Umansky Law Firm Criminal Defense & Injury Attorneys
