Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals
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A post-conviction proceeding involves filing and litigating a motion seeking relief after a criminal conviction. Most requests for post-conviction relief involve claims of ineffective assistance of counsel, claims that prosecutorial misconduct led to a wrongful conviction, allegations that the sentence imposed was illegal, or a request for DNA testing.
If the post-conviction motion is granted, then the judge can grant the following types of relief:
Direct appeals must be initiated within 30 days of a conviction through the filing of a notice of appeal. If the direct appeal is not successful, then the clock begins to run on the filing of post-conviction motions. In most cases, the post-conviction motion must be filed within two years of the date the conviction became final.
Call a criminal appellate attorney in Tallahassee, FL, to discuss ways to seek post-conviction relief after a criminal conviction. Many of these motions involve claims of ineffective assistance of the criminal defense attorney at the trial level or prosecutorial misconduct leading to a wrongful conviction.
The attorneys at Pumphrey Law represent clients at every stage of a criminal case including after a wrongful conviction. We help clients with direct appeals, writs of habeas corpus, and post-conviction motions.
Call us at (850) 681-7777 to find out more about the services we provide after a wrongful conviction.
The post-conviction motion is filed with the trial court and typically addresses issues outside of the four corners of the trial transcripts. Issues that can be raised in a post-conviction motion can include a showing that:
A criminal defense attorney can help you file the Rule 3.850 motion. The attorney can also help you litigate the issues after the court schedules an evidentiary hearing.
An evidentiary hearing must be held on an initial 3.850 motion whenever the movant makes a facially sufficient claim that requires a factual determination. Because a court’s decision whether to grant an evidentiary hearing on a rule 3.850 motion is ultimately based on written materials before the court, its ruling is tantamount to a pure question of law, subject to de novo review. If the Rule 3.850 motion is not successful after the evidentiary hearing, then the trial court’s rulings can often be appealed to a higher court.
If the Rule 3.850 motion is not successful after the evidentiary hearing, then the trial court’s rulings can often be appealed to a higher court.
Florida law provides for several different types of post-conviction motions including:
This article was last updated on Friday, March 24, 2017.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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