In Florida, if a defendant believes they were the victim of ineffective assistance of counsel after sentencing, they can file a motion for post-conviction relief. This motion can be used to argue that the original trial counsel’s performance was deficient and that the deficient performance resulted in prejudice to the defendant.
Relief for ineffective assistance of counsel in Orlando, which gets at the Sixth Amendment’s guarantee of effective representation, can include a new trial, a modification of sentence, or even release from custody. A criminal defense attorney can provide invaluable support and legal assistance in these matters, helping you understand your best legal options for relief.
In Orlando, relief based on ineffective assistance of counsel can be sought via a 3.850 motion. This motion allows individuals to challenge their conviction or sentence if they believe their attorney’s performance during the original trial or appeal fell below a reasonable standard.
To succeed, the defendant must demonstrate both that their attorney’s performance was deficient and that this deficiency prejudiced their case, meaning there is a reasonable probability the outcome would have been different. Potential grounds for a 3.850 motion related to ineffective assistance of counsel include:
For example, if the attorney’s deficient performance caused the defendant to enter an involuntary plea, that could be grounds for relief. Likewise, if the attorney’s errors led to a harsher sentence, that could also be grounds for relief.
A convicted defendant can seek post-conviction relief in Orlando based on ineffective assistance of counsel by filing a Rule 3.850 motion within two years of the final judgment. The defendant must show that their attorney’s actions or omissions fell below an objective standard of reasonable and competent legal assistance.
The first step is to file a Rule 3.850 motion with the court, detailing the grounds for relief and providing specific information about the case. The motion must establish that the defendant’s counsel’s performance was deficient and that this deficient performance prejudiced the defense. If the court finds merit in the motion, it may order an evidentiary hearing where the defendant can present evidence and witnesses to support their claim.
If granted, the judgment and sentence may be vacated, or a new trial may be ordered. If the motion is denied, the defendant can appeal the court’s decision. The defendant must present evidence, such as witness testimony and other documents, to support their claim.
An attorney who works in post-conviction relief can objectively review your case and identify potential issues that may have been overlooked by the original defense attorney. We can also effectively present the case to the court, arguing the grounds for relief and explaining why your rights were violated.
Proving ineffective assistance of counsel in Orlando is not easy. The burden of proof is on the defendant. Our attorneys can thoroughly review the case, including the trial transcripts, police reports, and any other relevant evidence, to determine if the original lawyer’s performance was indeed deficient. An experienced criminal defense attorney can pinpoint specific instances where the original lawyer’s performance fell below the standard of reasonable compete.
If the court finds the initial attorney’s performance was so deficient and prejudicial that it deprived you of a fair trial, the conviction or sentence can be overturned. The court may order a new trial if the ineffective assistance of counsel significantly impacted the outcome of the original trial. Contact The Umansky Law Firm today to request your free case consultation and discuss your legal options.
The Umansky Law Firm Criminal Defense & Injury Attorneys
