The answer to your question is, "It varies." Each motion for post-conviction relief involves different facts, different people, and different courts. Accordingly, each motion takes a different amount of time to complete.
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
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 lawyer 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.
The sooner you start the process, however, the sooner it may be resolved. The first step in the post-conviction relief process is to contact an experienced post-conviction lawyer 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.