Post Conviction Relief
When you know and can prove your criminal attorney failed you during your case, you must exercise your right to file a motion for post conviction relief under Florida Rule of Criminal Procedure 3.850 or 3.800.
- Did your attorney fail to investigate your case properly or file a motion to disallow certain evidence in your trial?
- Did your lawyer not advise you of a plea offer or advise you of the consequences of accepting or rejecting a plea offer?
- Did your criminal attorney fail to investigate possible witnesses who could’ve testified on your behalf?
- Is there new and favorable evidence your lawyer could have brought to table but didn’t?
- Is your jail or probationary sentence excessive when compared to your criminal offense?
Deadline to Seek Post Conviction Relief via Filing a Motion under Rule 3.850
A post conviction relief motion must be filed within two years of your final judgment and sentence. The decision becomes final either upon the date the appellate court affirms your conviction, or if an appeal was not filed, upon the date that the right to file an appeal expires.
Outcome of Filing a Motion Under Florida Rule 3.850
It’s critical to consult experienced, board certified Fort Lauderdale Post Conviction attorney who can carefully examine your conviction and determine if filing a post conviction motion will be beneficial to you. Fort Lauderdale Post Conviction Attorney, Robert Malove can do this as well as advise you on what to expect at your re-trial once the motion is approved.
Robert Malove has successfully represented clients just like you for post conviction relief motions, Writs of Certiorari, Writs of Prohibition and direct appeals in state and federal courts.
I will highly recommend Robert Malove to anyone that’s facing any situation with the law. I remember calling the office for the first time just asking questions and not knowing if all my question was answer, couple days later I received a phone called showing that they went above and beyond and researching my husband case before hiring them. After few phone interview my husband and I decided to give them a chance to represent us. I’ve dealt with a lot of lawyers but Robert and his staff was a different ball game, They’re good at communicating, returning phone calls, keeping you informed with all updates or any changes. My husband was charged with violating his probation. Prior to the violation of probation hearing the state extended an offer of 10-years in prison. The attorney NEVER advised us about this plea. The first time we became aware of it was at the violation of probation hearing and at that point the state took the plea off the table. They offered a new plea of 15-years in prison and out of frustration this plea was rejected and we tried to fire the attorney. The trial court did not allow the attorney to be fired and at the conclusion of the violation of probation hearing he was sentenced to 20-years in prison. We hired Robert Malove to review the case and determine if anything can be filed in a rule 3.850 motion. After reviewing the case Mr. Malove filed a 3.850 and an evidentiary hearing was granted. It was a tough hearing. But in the end the trial court granted the motion and found trial counsel was ineffective for failing to advise the defendant about the plea in a timely manner. The trail court vacated the 20-year sentence and re-sentenced my husband to 10-years in prison. Knowing he’s almost home brings happy tears to my eyes. Thank you Robert, James, Cory, Carlos and even the secretary for all the good work and support that was provided. My advice, it pays to go with an experienced post-conviction attorney!