If you are filing a post-conviction motion, also known as a 3.850 motion in Florida, you must do so within the amount of time provided by Florida Rule of Criminal Procedure 3.850(b).
You Have Two Years to File—but There Are Exceptions
The general rule is that you have two years to file most 3.850 motions in Florida. However, the two-year rule does not apply to motions filed to vacate a sentence that exceeds the limits allowed by law. If you are submitting your 3.850 motion because your sentence exceeds the legal limits, you may file your motion at any time.
For all other 3.850 motions, the court will not consider a motion filed more than two years after the judgment against you or your sentence becomes final unless:
- There are new facts that are the basis for your motion and those facts were not known to you and could not have been reasonably known to you within two years of your final judgment or sentence. In this situation, your two years to file a 3.850 motion begins to run when you knew, or should have known, the new facts and not when your judgment or sentence became final.
- A fundamental constitutional right was not established during the two-year period that you would generally have to file a motion but has since been established and determined to apply retroactively. Your motion must be filed within two years of the mandate that the constitutional right be applied retroactively.
- You hired a lawyer to file your 3.850 motion, and your lawyer neglectfully failed to file your motion. If this happened to you, your motion must be filed within two years of your original two-year deadline.
A criminal defense lawyer can make sure that your motion for post-conviction relief is filed on time and with the required content.
Don’t Wait Until the Two Years Are Almost Up
You don’t want to wait to contact a lawyer until the two-year deadline is almost upon you. Instead, contact a post-conviction relief lawyer as soon as possible so that you don’t risk missing any deadlines and you can get the relief that you seek as quickly as possible.
To learn more, call Robert Malove today and get advice you can trust about your post-conviction relief or appeal options.