As former Florida prosecutors, we’ve tried hundreds of cases and bring a rare insider’s perspective to every defense. We understand how cases are built on both sides, which helps us negotiate more effectively, positioning each case for the strongest possible outcome.
Post-conviction relief is a collateral legal process pursued after the direct appeal process is typically concluded or the deadline for a direct appeal has passed. It is an avenue to address serious constitutional or legal errors not raised during the original trial or direct appeal. However, this process can be complex and challenging.
A Sanford post-conviction relief lawyer could provide a realistic assessment of your case’s strengths and weaknesses and offer vital guidance at each stage of the process. Our criminal defense attorneys could meticulously review the entire case record to evaluate legitimate constitutional or legal errors that qualify for post-conviction relief as well as identify which issues have a legitimate chance of success.
The ability to seek post-conviction relief is governed by the Florida Rules of Criminal Procedure, primarily Rule 3.850. A Sanford attorney could help you seek post-conviction relief based on the following grounds.
Relief can be sought if the conviction or sentence resulted from a fundamental violation of state or federal constitutional rights. For example, if the prosecution withheld favorable evidence that could have helped your defense, this could constitute grounds for relief.
Likewise, the use of evidence obtained in violation of the U.S. Constitution (for example, via an unlawful search and seizure in violation of the Fourth Amendment or a coerced confession in violation of the Fifth Amendment) can serve as grounds for overturning a conviction and granting post-conviction relief.
This ground for post-conviction relief applies if evidence material to the case is found after the trial concluded and could not have been discovered earlier through reasonable diligence. The evidence must be of such a nature that it would probably produce a different result if a new trial were granted.
This alleges that the trial attorney’s performance was so deficient that it violated your Sixth Amendment right to effective counsel and prejudiced the outcome of the case. First, you must prove that the lawyer’s actions were unreasonable and fell below professional standards. Second, you have to demonstrate that there is a reasonable probability that if not for the lawyer’s errors, the result of the trial or sentencing would have been different.
This addresses situations where the sentence imposed was outside of legal guidelines or the judge lacked the authority to impose it. Claims of an illegal sentence often have a more flexible time frame than other grounds.
Generally, a motion for post-conviction relief under Rule 3.850 must be filed within two years from the date the conviction becomes final. If the court finds that the defendant’s rights were violated or that an error occurred that prejudiced the outcome of the case, several results are possible:
If the initial motion for post-conviction relief demonstrates potential merit but requires further fact-finding, the court may schedule a hearing where your Sanford attorney and the other side present evidence and testimony. If a hearing is held and the court finds that the claims are not supported by the evidence or do not warrant relief, the motion will be denied.
A denial of post-conviction relief is not necessarily the final word. A defendant has the right to appeal the denial to the District Court of Appeal of Florida. In some cases, if state remedies have been exhausted and federal constitutional issues remain, it may be possible to pursue relief in federal court via a petition for writ of habeas corpus.
These cases are highly technical, time-sensitive, and distinct from direct appeals, meaning help from a Sanford post-conviction relief lawyer is crucial. Post-conviction motions often have very short, strict deadlines, so you should work with a lawyer to ensure all filings are timely and procedurally correct.
Our attorneys could locate witnesses, secure expert opinions, and craft a compelling, well-researched motion that clearly articulates the errors as well as the requested relief. If the initial post-conviction motion is denied, your lawyer could appeal that denial to a higher court, arguing that the post-conviction judge made an error. Contact The Umansky Law Firm today to request your free case review.
The Umansky Law Firm Criminal Defense & Injury Attorneys
The Umansky Law Firm Criminal Defense & Injury Attorneys
