Once you file a 3.850 motion to seek post-conviction relief in a Florida court, the court has two options. They may either:
- Claim that your motion is legally insufficient and deny the motion
- Direct the state to respond to the claims that you raise in your motion
Once the court receives the state’s response to your 3.850 motion, the court has three options. Based on the contents of your motion and the state’s response, the court may:
- Grant your motion
- Deny your motion
- Schedule your motion for an evidentiary hearing
If your motion goes to an evidentiary hearing, you should be prepared to testify. Your post-conviction relief attorney will prepare you to go before the court. In addition to your testimony, your lawyer may call other witnesses and present additional evidence to prove to the court why it should grant your 3.850 motion. After the evidentiary hearing, the court will either grant your motion and vacate your judgment and sentence, or will deny your motion. If your motion is denied, you have the right to appeal the court’s decision.
Get the Legal Help You Deserve for Your Post-Conviction Relief Motion
Rule 3.850 motions are often complicated, they usually involve serious issues, and they may be your last chance to be treated fairly by the criminal justice system in Florida. Accordingly, it is essential that you work with an attorney who has post-conviction relief experience and who will fight hard to protect your rights.
Our legal team has more than 60 years of combined legal experience, and we are ready to fight to get you the second chance you deserve. We are passionate about seeking justice, and our lawyers will always be available to you throughout the post-conviction relief process. Call the Law Offices of Robert David Malove or fill out our online contact form today to find out more about your rights and what could happen if you file a 3.850 motion in Florida.