Fore & Pribble Criminal Defense Attorneys
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Preparing an effective Motion for Post-Conviction Relief requires a high degree of skill. These motions require a keen understanding of the law as well as a thorough knowledge of how jury trials should be prepared and conducted by a defense lawyer.
If you are in need of a criminal defense attorney for Post-Conviction Relief in Palm Beach County, Broward County, Martin County, Okeechobee County, or neighboring counties, contact Fore & Pribble today.
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When a direct appeal is denied with the Florida District Court after a plea or a trial, the next step is to seek a new trial based on ineffective assistance of counsel or newly discovered evidence. This is permitted under Florida Rule of Criminal Procedure 3.850. There is a time limit of 2 years to file your Motion for Post-Conviction Relief in Florida, also called a Motion to Vacate Judgment and Sentence. However, in order to preserve future rights to seek relief in federal court for a Petition of Habeas Corpus, there is shorter time limit of one year. Thus, the Florida motion is best filed in the first year after the direct appeal is denied.
Finding a lawyer right when your direct appeal is denied is important. If the time limit has passed for the motion to be filed, there are some limited exceptions to the time limit about which a knowledgeable lawyer can provide advice.
A Motion for Post-Conviction Relief under Florida Rule 3.850 can allege many types of grounds for relief based on the trial lawyer's failures, and even some failures of the prosecutor. The issues in the motion should be connected to violations of the Constitutions in Florida as well as the United States Constitutions in order to best preserve future federal issues.
A successful claim for ineffective assistance of counsel must show that the trial outcome would have been different if the trial lawyer had provided effective representation.
Ineffective assistance of counsel can be shown in multiple ways, including:
Failing to cross examine a witness effectively
Failing to file a pretrial motion to suppress or a motion to dismiss
Failing to bring out the prior criminal convictions of a State witness for the jury
Failing to tell the client about a plea offer extended by the State
Failing to call a defense witness at trial
Failing to object to improper testimony by a State witness
Failing to move for a mistrial
Failing to provide proper advise to the client about plea consequences
Failing to investigate the case pretrial
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Exceptional communication is a hallmark of our practice. You are an integral part of this defense team. That means we keep you constantly updated, return your calls promptly, and ensure you are never left guessing about the status of your case.