When you know and can prove your criminal attorney failed you during your case, you must exercise your right to file a motion for post conviction relief under Florida Rule of Criminal Procedure 3.850 or 3.800.
- Did your attorney fail to investigate your case properly or file a motion to disallow certain evidence in your trial?
- Did your lawyer not advise you of a plea offer or advise you of the consequences of accepting or rejecting a plea offer?
- Did your criminal attorney fail to investigate possible witnesses who could’ve testified on your behalf?
- Is there new and favorable evidence your lawyer could have brought to table but didn’t?
- Is your jail or probationary sentence excessive when compared to your criminal offense?
Deadline to Seek Post Conviction Relief via Filing a Motion under Rule 3.850
A post conviction relief motion must be filed within two years of your final judgment and sentence. The decision becomes final either upon the date the appellate court affirms your conviction, or if an appeal was not filed, upon the date that the right to file an appeal expires.
Outcome of Filing a Motion Under Florida Rule 3.850
It’s critical to consult experienced, board certified Fort Lauderdale Post Conviction attorney who can carefully examine your conviction and determine if filing a post conviction motion will be beneficial to you. Fort Lauderdale Post Conviction Attorney, Robert Malove can do this as well as advise you on what to expect at your re-trial once the motion is approved.
Robert Malove has successfully represented clients just like you for post conviction relief motions, Writs of Certiorari, Writs of Prohibition and direct appeals in state and federal courts.
Thanks again for your outstanding work in this case. When we first talked about I didn’t think there was much hope. It was a truly desperate situation, and I was just going forward on determination. But you were able to arrange things so that we could cancel a deal that I had been mislead by another attorney into signing. I was ready to start all over and risk going to jail in order to fight the charges. It turned out that you were able to get them changed to something I could live with, and more accurately reflected what actually happened. It really is a much better outcome than I was expecting, and I can’t tell you how relieved I am. I’ve been so impressed by your diligence and professionalism, also that I could reach you when I needed to. I wish I could go into specifics, but keeping things quiet has been the point all along. I know many other people are in a similar situation. They have a legal problem that they need to be resolved efficiently and dependably because the stakes are so high. Maybe they did something wrong, but not what they have been accused of, and because of one mistake, things have gotten completely out of control. They need someone they can depend on, not a lawyer who will take their money but who don’t know what they’re doing or doesn’t care. Without a doubt, I would recommend you to anyone in this situation. I’ve had good lawyers, and I’ve had bad, and I know you’re one of the best. Thanks again, and all the best.