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, Florida board certified post conviction attorneys who can carefully examine your conviction and determine if filing a post conviction motion will be beneficial to you. 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.