You have already been burned by an attorney who was supposed to help you. The defense lawyer who represented you during your criminal trial was ineffective, and you are paying the price for that attorney’s mistakes. It can be hard to trust another lawyer.
However, if you are seeking post-conviction relief based on ineffective assistance of counsel, you will benefit from working with a trustworthy and skilled lawyer who will protect your rights in court.
Post-Conviction Relief for Ineffective Assistance of Counsel
You have two years from the time your judgment is final to file for post-conviction relief. To be successful in a post-conviction relief motion because of ineffective assistance of counsel, you must prove two things to the court:
- First, you must prove that your attorney did not provide you with effective legal assistance. There is a broad range of what constitutes reasonable and competent legal assistance. You must prove that your lawyer’s actions, or your lawyer’s failure to act, were outside of this broad range of reasonable and competent legal assistance, and that you were, therefore, denied your 6th Amendment right to counsel.
- Second, you need to prove that if the attorney had provided you with effective legal assistance, the outcome of your case would have been different.
Some examples of ineffective assistance of counsel include failures to:
- Tell you about a plea offer
- Advise you of the consequences of a potential plea offer
- Investigate your case
- Talk to witnesses
- File appropriate motions with the court
- Investigate possible defenses or offer a defense
- Preserve your right to appeal
If any one of these things happened in your case, or if your lawyer was ineffective in another way, you need to find a lawyer you can trust to help you.
Choose the Right Criminal Lawyer Now
You need a lawyer who is passionate about the law and compassionate with his clients. You need someone who has:
- Outstanding knowledge of the law
- An unparalleled work ethic
- A commitment to answering questions and communicating effectively
- The desire to provide you with an honest evaluation of your post-conviction relief rights
Attorney Robert Malove is all of these things.
Robert Malove’s board certification is evidence of his commitment to the law and to his clients. In Florida, only about six percent of lawyers are eligible for board certification by the Florida Supreme Court. To be board certified, Robert Malove and other qualified attorneys must have:
- At least five years of legal practice
- Significant involvement in the area of law for which certification is sought
- Satisfactory peer review assessments of competence, character, ethics, and professionalism
- Completed continuing legal education requirements in the area of certification
- Passed an exam or met strict criteria to be excused from the exam
If these criteria are met, the Florida Supreme Court may issue board certification to recognize the attorney’s “special knowledge, skills, and proficiency in various areas of law and professionalism and ethics in practice.”
You Have Too Much at Stake to File a 3.850 Motion Alone
Florida law creates a strong presumption that your attorney was competent. To be successful in 3.850 motion for post-conviction relief based on ineffective assistance of counsel, you must overcome this presumption and prove that your lawyer was ineffective. You must meet all of the legal deadlines, comply with all 3.850 motion requirements, and convince the judge of your legal arguments. If you are unsuccessful, your conviction will stand.
Don’t let a previous bad experience with a criminal defense attorney ruin your chances of obtaining post-conviction relief. Instead of handling your post-conviction motion on your own because of your past experience, you can find a lawyer who has the practice, passion, and character you can trust to represent you now. Learn more today by contacting the Law Offices of Robert David Malove by phone or through this website.