Perhaps that criminal conviction you accepted with reservations has kept you from getting a scholarship to Rollins College or left you wondering if it is the reason why local businesses did not hire you. It is too late to appeal your conviction and sentence, but you would like to know if there is anything you can do about them.
If your sentencing was less than two years ago and errors were made at your trial, a Winter Park post-conviction relief lawyer at our firm may be able to file a motion under Florida Rule of Criminal Procedure 3.850. The motion would allow you to challenge your conviction or sentence. You cannot take this action on a whim. Our competent and experienced defense attorneys would have to assess your conviction and identify a grievous error that changed your trial’s outcome.
To obtain post-conviction relief, you must prove that an error during your trial affected its outcome. For example, if a star witness later recanted testimony that had been used to convict you, you must obtain a written affidavit from them. They must agree to testify at a hearing and answer the prosecutor’s questions. Several other issues can affect post-conviction relief:
To obtain relief after your Winter Park conviction, you must prove that your trial attorney made one or more of the above errors, just as you must prove that a witness recanted their testimony. If you hire our law firm, our attorneys could conduct a thorough investigation and honestly assess your chances of obtaining a different outcome that would right the wrongs done at your trial.
You may wonder whether you have a constitutional right to have a public defender represent you or whether the state will pay for expert witnesses or private investigators to search for new evidence for your post-conviction relief. The answer is no. A 3850 motion is a civil action, while an appeal of a criminal conviction is not.
Because there are often loopholes in the law, if the trial court grants you an evidentiary hearing, you can request appointed counsel. If your 3850 motion is denied after that hearing, you are entitled to have appellate counsel appointed if you appeal the denial. Post-conviction relief is a complex and complicated process that our Winter Park attorneys could guide you through. We are highly skilled in dealing with criminal law, the courts, and matters that follow criminal trials.
A 3850 motion is not a blanket request for post-conviction relief. After our attorneys assess what happened to you at your trial, we might file a motion for a new trial within 30 days of your conviction. This motion is often used when new and favorable evidence that surfaces is likely to change your trial’s outcome. Our attorneys might instead file a motion to set aside the judgment or a motion to vacate the judgment.
Subpar or erroneous actions by the judge, prosecutor, defense attorney, or Winter Park Police Department must be material enough to have changed your case’s outcome. Even if they made many blunders, you are not entitled to a dismissal of your case, a new trial, or resentencing unless our attorneys are able to prove that your conviction resulted from grave errors.
The American justice system promises due process to all citizens. If mistakes during your trial compromised your due process, then you did not get a fair trial. You are entitled to rectify the record through post-conviction relief.
Our attorneys at The Umansky Law Firm are highly experienced in matters including arrests, trials, and post-trial issues involving violations of due process. If the trial court has already ordered your conviction and sentence, you may not have much time to fight them. A Winter Park post-conviction relief lawyer at our firm could help you. Call us today to schedule a case review.
The Umansky Law Firm Criminal Defense & Injury Attorneys
