Discretionary Post-Conviction Relief in Winter Garden 

Discretionary post-conviction relief is a legal avenue that allows a person in Winter Garden to challenge their conviction after a direct appeal has been exhausted or unsuccessful. The goal is to correct a serious injustice and potentially lead to a reduced sentence, an overturned conviction, or release from custody.

An experienced attorney at The Umansky Law Firm can investigate your case and build compelling arguments for post conviction relief. Our legal team can carefully manage the strict deadlines and legal procedures involved to maximize your chances of successfully obtaining relief.

What Are the Grounds for Discretionary Post-Conviction Relief?

There are several potential grounds for filing a motion seeking discretionary post-conviction relief in Winter Garden. The court’s decision is based on whether you can prove a specific, legally recognized error occurred in your original case that could warrant overturning the conviction. The court’s discretion comes into play when evaluating the motion, the credibility of the evidence presented, or whether to hold an evidentiary hearing.

Ineffective Assistance of Counsel

This is the most frequent basis for a motion for post-conviction relief. A motion filed on this basis must meet a two-part test:

• Deficient performance: The defendant’s trial attorney’s actions or inactions fell below an objective standard of reasonableness for a criminal defense lawyer.
• Prejudice: But for the attorney’s errors, there is a reasonable probability that the result of the proceeding would have been different.

Examples of ineffective assistance include failing to investigate potential witnesses or exculpatory evidence, failing to advise the client about a plea offer, failing to file a motion to suppress illegally obtained evidence, or failing to investigate mitigating evidence for sentencing.

Newly Discovered Evidence

For this claim to succeed, the evidence must meet several strict requirements.

• Discovered after trial. The evidence must have been discovered after the trial concluded.
• Not discoverable with due diligence. The evidence could not have been discovered or obtained sooner through a reasonable and diligent effort.
• Material and not cumulative. The evidence must be relevant and important to the case. It cannot merely reinforce information already presented or be solely for the purpose of impeaching the credibility of a witness.
• Probably would have produced an acquittal. The evidence must be so compelling that it would likely have led to a different outcome or an acquittal if it had been presented at trial.
• Must be admissible. The newly discovered evidence must be admissible under the rules of evidence.

A common example of newly discovered evidence is DNA testing that was not available at the time of the original trial and that later exonerates a defendant.

Involuntary Plea

If a defendant can prove that their guilty or no-contest plea was not made knowingly and voluntarily, they may be able to have it vacated. Grounds for this could include receiving incorrect legal advice from counsel or being subject to improper threats or coercion.

Prosecutorial Misconduct

Another viable grounds for post-conviction relief include a prosecutor’s improper or illegal actions that violated the law or professional codes of conduct, and prejudiced the defendant’s right to a fair trial or the case outcome.

Examples include failure to disclose evidence favorable to the defense, knowingly allowing a witness to present false or perjured testimony, or making inflammatory or misleading statements to the jury that unfairly influence the verdict.

How Does Discretionary Relief Work?

A Rule 3.850 motion is the primary method for seeking discretionary post-conviction relief in Winter Garden. This process is a collateral attack on a conviction and sentence, and is meant to address issues that were not (and often could not) have been raised during a direct appeal.

The judge first assesses whether the motion alleges legally sufficient grounds for relief. A motion with vague, conclusory, or insufficient facts can be summarily denied. If the motion alleges a sufficient claim that is not refuted by the existing court record, the judge is required to hold an evidentiary hearing.

At this hearing, the judge has discretion in weighing the credibility of witnesses and the evidence presented. An attorney will meticulously review the entire trial record, including transcripts, discovery, and depositions, to find potential constitutional errors.

Our legal team has the resources and knowledge to gather supporting evidence, compel witnesses to provide testimony or sworn affidavits, to question prior counsel, and handle the complex dynamics of such a situation. We can identify the strongest legal arguments and focus on them to maximize your chances of winning post-conviction relief.

Contact a Winter Garden Attorney for Discretionary Post-Conviction Relief

Working with an attorney is critical to navigate discretionary post-conviction relief in Winter Garden and the potential challenges that frequently arise during the process. Our legal team can investigate to uncover any details outside the trial record that could form the basis of a motion for post-conviction relief, such as interviewing uncalled witnesses or uncovering prosecutorial misconduct. Contact our criminal defense attorneys today to request your free, one-on-one legal consultation and discuss what may be possible for your case.