Post-Conviction Relief & Appeals Attorney in Florida

Were you or someone you cared about convicted of a crime? Have you or someone you loved lost on direct appeal?

It’s not over yet. After the appeal concludes, it is time to pursue postconviction remedies.

Florida law provides for many different avenues of relief:

• Rule 3.850 motion for post-conviction relief
• Rule 3.800(a) motion to correct illegal sentence
• Rule 3.800(c) motion for reduction of sentence
• Rule 3.853 motion for postconviction DNA testing
• Rule 3.801 motion for correction of jail credit
• Rule 9.141(d) ineffective assistance of appellate counsel

The most common claim for relief relies upon ineffective assistance of counsel. Claims alleging ineffective assistance of trial counsel are brought through a 3.850 motion for post-conviction relief.

Rule 3.850 motions must be filed within two years of the mandate on direct appeal. However, certain circumstances such as newly discovered evidence may excuse an otherwise untimely motion.

Claims alleging ineffective assistance of appellate counsel are filed in the appeals court under a 9.141(d) petition for writ of habeas corpus. Generally, these petitions allege that appellate counsel rendered ineffective assistance by failing to raise an issue on direct appeal which would have likely led to a different result.

A defendant may motion the trial court for a reduction in sentence under Rule 3.800(c). This motion must be filed within 60-days of the case becoming final on appeal.

A defendant may move the trial court to correct an illegal sentence at any time under Rule 3.800(a). These motions are limited to correcting illegal sentences or erroneous sexual predator designations.

If DNA testing will exonerate a defendant, a 3.853 motion for postconviction DNA testing may be filed at any time.

The T.S. Lupella Firm handles postconviction matters throughout the entire State of Florida. As an attorney with extensive experience in criminal trials, T.S. Lupella knows the in’s and out’s of the criminal process and will be able to identify meritorious issues for postconviction relief.

Our firm handles postconviction matters across the state, including Okaloosa, Santa Rosa, Escambia, Walton, Leon, Bay, Jackson, Holmes, Washington, Calhoun, Gadsden, Duval, Hillsborough, Polk, Broward, Palm Beach, Miami-Dade, Lee, Alachua, Pinellas, Indian River, St. Lucie, and Gulf Counties. Call today for a free consultation.

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