After being charged with a criminal violation, you put trust in your attorney to look out for your best interests and prevent the court from overreaching. However, things do not always work out as you hope. What if you are found guilty and given an unusually long prison term? What if there was a grave mistake made at trial, and nobody is doing anything about it?
You may believe that your only recourse, should the jury issue a guilty verdict, is to appeal the conviction to a higher court, but there may be an alternative. A Winter Garden post-conviction relief lawyer from The Umansky Law Firm could carefully review your criminal case to determine what avenues are open to you. Call our respected criminal defense attorneys for insight.
In Winter Garden, your attorney could file a post-conviction relief motion based on the Florida Rule of Criminal Procedure 3.850, often called a 3850 motion. If you are convicted of a crime, this motion allows you to challenge your sentence or the conviction itself, but you must have grounds to do so. Possible grounds include:
Our attorneys understand the gravity of the situation and could thoroughly examine your trial transcripts to identify errors that may have influenced the outcome of the trial.
Your attorney could file a petition with the trial court detailing the grounds for relief, followed by a brief that makes a case for why you should be granted relief. The prosecutor then files a brief in response arguing why you should not be granted relief. Following this, your attorney and the prosecutor may appear at a court hearing at which they will present oral arguments.
When filing a motion for post-conviction relief, your attorney will ask for a specific action by the court in Winter Garden. Common types include a Motion for a New Trial, a Motion to Set Aside the Judgment, and a Motion to Vacate the Judgment.
A Motion for a New Trial is based on grievous errors during the original trial or the discovery of new evidence that may lead to a different verdict. After a conviction, your attorney must file the motion within 30 days.
A Motion to Set Aside the Judgment does not require new evidence and can be filed at any time. It is a request for the court to dismiss your conviction based on errors at trial, receiving pardon, or several other reasons.
As with a Motion to Set Aside the Judgment, a Motion to Vacate asks the court to dismiss the charges for reasons that include being granted a pardon, the discovery of new evidence, and errors at trial.
Not all new evidence and errors made at trial are serious enough to result in positive post-conviction relief. A lawyer in Winter Garden with extensive criminal trial and appellate experience could review your case and advise you if taking post-conviction relief actions could work in your favor.
Under the law, those accused of crimes have every chance to clear their names, first at trial, then at an appeal or post-conviction relief hearing. If a judge or jury have found you guilty, you may have a chance to challenge the verdict because of an error that could have changed the outcome of your trial. However, not all errors can change your verdict, so it is imperative to consult with a skilled attorney who has experience winning post-conviction motions.
Even if the court rules against you in a post-conviction procedure, you can appeal the ruling. The entire process is complex and involves strict guidelines. So, contact The Umansky Law Firm for a Winter Garden post-conviction relief lawyer who can continue advocating for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
