Post-Conviction Relief Motions: Florida 3.850 And Federal 2255
Post-conviction motions are just that – motions filed after the time for appeal has passed, or the appeals process is over. Your conviction is “final.” But there is still a way to challenge a conviction.
A motion for post-conviction relief may be filed in the trial court where you were convicted. Under Florida Rule of Criminal Procedure 3.850, a post-conviction motion may be made attacking “collateral” matters, which are issues that were not evident in the actual record — in other words, issues that are “collateral” to what happened in court. The most common grounds for a 3.850 motion are:
- Ineffective assistance of counsel (the trial attorney didn’t do something he or she should have)
- Newly discovered evidence
- DNA testing
- The legality of the sentence.
At Bodiford Law, P.A., we have extensive experience filing post-conviction motions. Joe Bodiford has developed a unique review system to inform clients what possible issues can be raised. He can also handle a motion that was filed pro se (by the client) at an evidentiary hearing.
A Rule 3.850 Motion Is Not An Appeal
These motions do not involve a reweighing of issues that were presented on appeal. In fact, most issues in criminal cases are for appeal or for post-conviction only; each process is limited to those issues and will be denied if they are raised in the wrong court.
In some cases, other issues come up after a sentencing hearing that need to be heard by the judge. There are times that a judge may be willing to reduce (or “mitigate”) a sentence. A motion asking a judge to reconsider and reduce a sentence is filed under Florida Rule of Criminal Procedure 3.800. Not all cases qualify for this type of motion; it takes special planning and care to get a case prepared for a successful 3.800 motion.
Consult An Experienced Lawyer
It is important to hire an attorney who is familiar with this very complex area of law. Criminal law expert Joe Bodiford has handled hundreds of post-conviction motions for charges ranging from drug trafficking to murder (most recently winning a high-profile murder case in Orlando) and everything in between.
Call or text to discuss your case today. Contact Bodiford Law, P.A., in Tallahassee at 850-222-4529 or online to schedule a free consultation.