If you or someone you love was subjected to incorrect criminal sentencing in Winter Garden, you may be experiencing punishment that you do not deserve or that should never have happened. Sentencing errors can add years to incarceration, fines, or probation terms beyond what state law allows. Our post-conviction relief attorneys at The Umansky Law Firm are experienced in challenging unfair penalties and are ready to advocate for your rights so your punishment reflects only what the law requires.
These errors typically result from clerical mistakes, guideline miscalculations, or improper application of enhancements. Regardless of the cause, you should not serve a penalty that is inconsistent with your conviction. With decades of criminal defense experience, our lawyers have the knowledge to contest these outcomes and pursue justice for you.
An attorney at our firm in Winter Garden could explain how errors may have arisen in your criminal sentencing. Judges rely on state guidelines, criminal history scores, and statutory minimums, but mistakes happen when they fail to apply them correctly. Some common examples include:
An error in the sentencing documents or the judge’s oral pronouncement could impact the time you spend in prison or on probation. Even a minor miscalculation could lengthen your punishment by years. By reviewing the court record, plea agreements, and scoresheets, our team can identify and challenge mistakes before they cause you lasting harm.
When an incorrect sentence extends your incarceration or probation, it heightens your stress and represents an injustice. We could help you by filing motions to correct your sentence, appealing your case, or negotiating on your behalf with the prosecutor’s office.
The impact of errors made when applying penalties for criminal convictions in Winter Garden could extend well beyond the courtroom. You could be limited by unlawful probation conditions, excessive fines, or extended license suspensions. Your employment, housing, and education may also be jeopardized when the court imposes an invalid penalty. Our Winter Garden attorneys routinely assist families who discover these mistakes only after their loved one has begun serving a sentence, making swift legal intervention for your case essential.
State law recognizes that sentencing errors are harmful, and appellate courts and post-conviction remedies exist to correct them. If your case advances beyond the local Circuit Court, it may be reviewed in the District Court of Appeal. Our attorneys are prepared to navigate all levels of judicial review to uphold your rights.
State law provides several avenues to address sentencing mistakes. Our knowledgeable attorneys could take steps such as:
If you receive an invalid criminal penalty, our Winter Garden attorneys could take quick, decisive action on your behalf. For example, if you receive an unlawful mandatory minimum in a firearm case, you could have years of prison time removed once the court recognizes the mistake. Similarly, if you were ordered to comply with unlawful probation conditions, the judge may have those terms stricken, allowing them to move forward with a fairer arrangement. By filing the proper corrective motions, we could give you the best chance to swiftly challenge these errors.
Florida law provides two distinct remedies. A court may correct an illegal or erroneous sentence under Florida Rule of Criminal Procedure 3.800 (subdivision (a) permits correction of an illegal sentence at any time; (b) and (c) cover other corrective procedures). Separately, ineffective-assistance and other postconviction claims are generally pursued under Rule 3.850, which ordinarily must be filed within two years after the judgment and sentence become final, subject to narrow exceptions such as newly discovered evidence, retroactive decisions, or counsel neglect.
If you are dealing with incorrect criminal sentencing in Winter Garden, do not face this challenge alone. At The Umansky Law Firm, we combine comprehensive legal experience with a strong understanding of state sentencing laws to fight for fair outcomes. Contact us today to schedule a confidential consultation and let us help rectify the mistakes that have unfairly punished you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
