The answer to your question is, "It varies." Each motion in post-conviction process involves different facts, different people, and different courts. Accordingly, each motion takes a different amount of time to complete. To learn more about the relief process and how a criminal defense attorney can help you keep it moving, keep reading.
General Timeframe for Post-Conviction Relief
Once you have filed a 3.850 motion for post-conviction relief that meets the court’s requirements and that cannot be conclusively denied based on the court record, the court:
- Will order the state attorney to file an answer to your motion by a date set by the court
- May order a prompt evidentiary hearing, if a hearing is necessary
These timeframes are vague, but you will be provided with specific dates so that you can know what to expect.
How to Move Your Motion for Post-Conviction Relief Along With the Help of a Criminal Defense Attorney
Your freedom may be at stake, and you shouldn’t have to live with the uncertainty of seeking post-conviction relief for any longer than necessary. To keep your 3.850 motion moving quickly through the courts, you can:
- Make sure that your motion for post-conviction relief meets all the requirements of the court the first time you file it
- Comply with all of the court’s requests in a timely way
- Hire the right criminal defense attorney who is committed to helping you achieve justice as quickly as possible
Depending on the unique circumstances of your motion for post-conviction relief, the process could take a year or more to complete.
Get Started by Contacting Our Criminal Defense Law Firm ASAP
The sooner you start the post-conviction process, however, the sooner it may be resolved. The first step in the post-conviction relief is to contact an experienced criminal defense attorney who will fight for your rights and who will keep the process moving forward on your behalf.
To learn more, please contact board-certified criminal trial lawyer Robert Malove. If you need to file a post-conviction relief motion in a Florida state court or federal court, the Law Offices of Robert David Malove may be able to help you. Call or fill out our online contact form today to learn more.