Florida Post-Conviction Relief Attorney
3.850 Motions • Habeas Corpus • Ineffective Counsel Claim
Expert Post Conviction and Habeas Corpus Lawyers Serving Florida
Looking for a Florida post conviction attorney? Brownstone Law specializes in post-conviction relief for clients across Florida. Our expert post-conviction relief lawyers have successfully handled 3.850 motions, habeas corpus petitions, and ineffective assistance of counsel claims.
Whether you’re in Miami, Orlando, Tampa, or anywhere in Florida, our post-conviction attorneys are ready to fight for your rights. Contact our Florida post-conviction relief lawyers at (407) 388-1900.
What Is Post Conviction Relief In Florida?
Post conviction relief is a critical legal remedy available to defendants convicted of crimes in Florida. Unlike a direct appeal, which is limited to reviewing issues that were preserved in the trial record, post-conviction relief allows you to challenge your conviction based on grounds that may not have been raised on appeal. This includes newly discovered evidence, ineffective assistance of counsel, illegal sentences, and other constitutional violations.
Rule 3.850 of the Florida Rules of Criminal Procedure shows persons convicted of crimes on how to challenge their judgment. Federal rules for post conviction are found under section 2255 and section 2254 for persons in state custody.
Post Conviction Attorney in Florida Motions for Relief Include
- Vacate a Previous Conviction
- Motions to Reduce Sentence
- Motion to Overturn Judgment
- Motion for Habeas Corpus Relief
- Commutations (Federal and State)
- Pardons
- Clemency
- Motions for new trial
- Motions Based on Newly Discovered Evidence
Do not delay. Contact Brownstone Law immediately to discuss your case and preserve your rights. Schedule your free consultation or call (407) 388-1900.
Understanding Ineffective Assistance of Counsel Claims
One of the most significant grounds for post-conviction relief in Florida is ineffective assistance of counsel. If your trial attorney failed to provide adequate legal representation, this failure may have changed the outcome of your case. At Brownstone Law, we have extensive experience pursuing ineffective counsel claims.
What Constitutes Ineffective Counsel
Ineffective assistance of counsel claims are evaluated under the two-part test established in Strickland v. Washington, 466 U.S. 668 (1984). To succeed, you must demonstrate:
1. Deficient Performance
Your attorney’s performance fell below an objective standard of reasonableness.
Examples include:
- Failing to investigate,
- Failing to file critical motions
- Failing to advise about plea offers
2. Prejudicial Effect
The deficient performance prejudiced your defense, meaning there is a reasonable probability that the result would have been different had your attorney performed competently.
Both prongs must be satisfied. If you establish one but not the other, your claim will fail.
Common Examples of Ineffective Assistance
Ineffective counsel claims arise in many different contexts:
- Failure to Investigate: Your attorney did not investigate potential witnesses or exculpatory evidence that could have changed the outcome.
- Failure to File Critical Motions: Your attorney failed to file a motion to suppress illegally obtained evidence.
- Failure to Advise About Plea Offers: Your attorney failed to communicate a favorable plea offer or advise about its advantages.
- Failure to Preserve Issues: Your attorney failed to object to improper jury instructions or preserve issues for appeal.
- Failure to Present Mitigating Evidence: Your attorney failed to present evidence that could have resulted in a more lenient sentence.
- Ineffective Cross-Examination: Your attorney failed to effectively challenge the prosecution’s witnesses.
If any of these situations apply to your case, contact Brownstone Law immediately.
Grounds for Post-Conviction Relief in Florida
After your direct appeal is completed, your case is not necessarily closed. Florida law (specifically Florida Rule 3.850) provides a mechanism to challenge your judgment and potentially secure a new trial, sentence reduction, or complete reversal of your conviction. This is particularly important because:
Many defenses cannot be raised on appeal:
Defenses and claims that were not properly preserved in the trial record cannot be raised on direct appeal. Post-conviction relief eliminates this restriction and allows a complete re-evaluation of your case.
Your attorney may have been ineffective:
You may have discovered that your trial counsel was ineffective, failing to investigate key witnesses, file critical motions, or advise you properly about plea offers.
New evidence may have emerged:
You may have discovered evidence since your trial that could change the outcome.
The law may have changed:
In some cases, changes in law may make your sentence illegal under current standards
Critical Deadline: File Within 2 Years
A motion for post-conviction relief must generally be filed within two years of your final judgment. Important exceptions exist for newly discovered evidence, ineffective counsel, and legal changes. However, deadlines are strict. Many defendants wait too long and lose their right to relief.
Federal Habeas Corpus Petitions in Florida
Federal habeas corpus petitions allow Florida defendants to seek post-conviction relief in federal court after all state remedies have been exhausted. These petitions are governed by 28 U.S.C. § 2254 and are limited to federal constitutional violations.
Federal habeas petitions are filed in federal district court, not Florida state courts. Review is limited, and federal courts give substantial deference to state court decisions.
Exhaustion of State Remedies Required
Before filing a federal habeas petition, defendants must first exhaust available state post-conviction remedies, including a Rule 3.850 motion. Failure to exhaust can result in dismissal.
Strict Filing Deadline (AEDPA)
Federal habeas petitions are subject to a one-year statute of limitations under AEDPA. The deadline is strictly enforced, with limited tolling while properly filed state post-conviction motions are pending.
Limited Scope of Review
Federal habeas courts review only federal constitutional claims. Evidentiary hearings are rare, making it critical to fully develop claims during state post-conviction proceedings.
Brownstone attorneys develop your case fully during state 3.850 proceedings, preserving every argument for federal court. We handle all procedural requirements and deadline compliance.
Many defendants lose federal habeas rights due to missed deadlines or exhaustion violations. Our firm ensures this doesn’t happen to you.
Contact Brownstone Law immediately. We evaluate your case for federal habeas potential and protect your rights now!
Our Post-Conviction Legal Services:
3.850 Motions:
Florida Rule 3.850 is the primary mechanism for post-conviction relief. We file detailed motions addressing grounds not properly raised on appeal, including ineffective counsel claims and newly discovered evidence.
Habeas Corpus Petitions
We understand the complex procedural requirements, strict deadlines, and exhaustion doctrines governing habeas corpus litigation.
Ineffective Assistance Claims
Under the Strickland standard, we pursue claims that your trial counsel provided deficient representation that prejudiced your defense.
Newly Discovered Evidence
If DNA testing or other evidence has emerged that could change the outcome, we file motions presenting this evidence and arguing for a new trial.
Sentence Modification
If your sentence is illegal, disproportionate, or based on incorrect information, we pursue motions to reduce or modify your sentence.
Post-Conviction Investigation
We conduct comprehensive investigations, including locating witnesses, interviewing co-defendants, and identifying grounds for relief.
How Post-Conviction Relief Works: Step-by-Step
The Timeline & Process
- Direct Appeal Complete: You finish your direct appeal; the 2-year window opens
- Case Investigation: We conduct a thorough investigation: obtain trial transcripts, review evidence, and interview witnesses.
- File 3.850 Motion: We draft and file a detailed motion setting forth grounds for relief with case law support
- Prosecution Responds: The state has the opportunity to respond to your motion
- Evidentiary Hearing: The trial court may hold a hearing where evidence is presented and testimony taken
- Judge Rules: The trial judge issues a ruling on your motion (grant or deny)
- Appeal if Denied: If denied, you can appeal to the appellate court
Critical Deadlines
- 3.850 Motion: File within 2 years of final judgment (with exceptions for new evidence, ineffective counsel, legal changes)
- Federal Habeas: After state remedies are exhausted, file within 1 year under the AEDPA deadline (extremely strict)
Time is your enemy. Every day that passes brings you closer to the deadline. Act immediately.
Comparing Post-Conviction Remedies: 3.850 Motion vs. Federal Habeas
Two primary post-conviction remedies are available in Florida. Understanding the differences is critical for your strategy.
| Aspect | 3.850 Motion | Federal Habeas |
|---|---|---|
| Where Filed | Florida trial court | Federal district court |
| When Filed | After judgment becomes final (usually after direct appeal) | After all state remedies have been exhausted |
| Deadline | 2 years (with exceptions) | 1 year (AEDPA—strict) |
| What's Reviewed | State law violations & constitutional issues | Federal constitutional violations only |
| Evidentiary Hearing | Often yes | Rarely |
| Exhaustion Required | No (this is the first post-conviction step) | Yes—must exhaust 3.850 first |
The Strategy: Use Both
3.850 Motion: Your primary tool. File this FIRST after direct appeal. It has a broader scope and an evidentiary hearing opportunity.
Federal Habeas: After state courts deny your 3.850 motion, you can pursue federal habeas relief. You MUST exhaust 3.850 before filing a federal habeas.
AEDPA 1-Year Deadline Alert: Federal habeas has a ONE-YEAR deadline from when your conviction became final. This is strictly enforced with rare exceptions. Do not wait—consult an attorney immediately.
What Grounds Qualify For Post-Conviction Relief?
Florida law recognizes numerous grounds for post-conviction relief. Quick-reference guide below:
Ineffective Assistance of Counsel:
Your attorney failed to investigate, failed to file critical motions, poor trial strategy, or failed to advise about plea offers
Newly Discovered Evidence:
DNA testing, witness testimony, or documentary evidence not available at trial that could change the outcome
Illegal Sentence:
Sentence exceeds statutory limits, violates sentencing guidelines, or is imposed without jurisdiction
Constitutional Violations:
Trial or sentencing violated your due process, right to confrontation, or other constitutional rights
Brady/Giglio Violations:
Prosecution failed to disclose exculpatory evidence (Brady) or information affecting witness credibility (Giglio)
DNA Testing:
DNA evidence was not tested at trial and could prove innocence through court-ordered testing
Not sure which grounds apply to your case? Our attorneys evaluate every angle.
Why Choose Brownstone Law for Post-Conviction Relief?
When your freedom is at stake, you need attorneys who specialize in post-conviction litigation—not generalists. At Brownstone Law, we are dedicated exclusively to appellate and post-conviction work.
Specialized Expertise:
Brownstone Law has handled thousands of 3.850 motions and federal habeas petitions. Our lawyers have deep knowledge of Florida post-conviction procedure and current case law, and familiarity with judges and court systems across Florida counties.
Thorough Case Investigation
Our lawyers don’t just review trial transcripts. We locate and interview witnesses, search for newly discovered evidence, and analyze prosecutorial conduct and trial procedure comprehensively.
Strategic Thinking
Post-conviction litigation requires a strategic approach. Therefore, we identify all viable grounds for relief and develop a comprehensive litigation strategy. We present the strongest possible case to the court and position it for appellate success if needed.
Results-Oriented
Brownstone Law measures success by outcomes: new trials, sentence reductions, overturned convictions. Our track record speaks for itself.
Your case deserves experienced, focused representation. Contact Brownstone Law today.
Florida Counties We Serve for Post-Conviction Motions
Brownstone Law provides post-conviction relief representation throughout the State of Florida. Our attorneys handle Rule 3.850 motions, habeas corpus petitions, ineffective assistance of counsel claims, and sentence challenges in courts across Florida, including but not limited to the following counties:
- Duval County
- Miami-Dade County
- Pinellas County
- Orange County
- Leon County
- Broward County
- St. Lucie County
- Hillsborough County
Other Areas
Get Appeal Evaluation
Our experienced attorneys will review your case and provide feedback on your appeal options at no cost.
Free Consultation with Florida Post-Conviction Lawyers
If your conviction occurred in any Florida county, our post-conviction attorneys have the experience and procedural knowledge necessary to pursue relief in the appropriate trial and appellate courts. Reach out to Brownstone Law for a free consultation now!
Florida Post Conviction Motions – FAQs General Post Conviction Relief in Florida
1. What is post conviction relief in Florida?
Post conviction relief is a legal process that allows a defendant to challenge their conviction or sentence after a trial and direct appeal. It is different from a direct appeal because it typically focuses on issues that were not raised during the trial, such as ineffective assistance of counsel, newly discovered evidence, or sentencing errors.
2. What are the most common types of post conviction motions in Florida?
The most common post conviction motions include:
- Rule 3.850 Motion: Used to challenge a conviction or sentence based on constitutional violations, ineffective assistance of counsel, or newly discovered evidence.
- Rule 3.800 Motion: Used to correct an illegal sentence, reduce a sentence, or correct a sentencing error.
- Rule 3.170 Motion: Used to withdraw a guilty or no-contest plea under certain circumstances.
3. What is a Rule 3.850 motion?
A Rule 3.850 motion allows a defendant to challenge their conviction or sentence based on constitutional violations, newly discovered evidence, or ineffective assistance of counsel.
4. Who can file a Rule 3.850 motion?
Any defendant who is in custody (incarcerated, on probation, or parole) may file a Rule 3.850 motion if they believe their conviction or sentence was unconstitutional.
5. What are the common grounds for filing a Rule 3.850 motion?
Common grounds include:
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Newly discovered evidence
- Constitutional violations (e.g., due process violations)
- Jurisdictional defects
6. What is the deadline for filing a Rule 3.850 motion?
A Rule 3.850 motion must generally be filed within two years from when the conviction and sentence became final. However, exceptions apply for newly discovered evidence or if the claim is based on a newly recognized constitutional right.
7. What is a Rule 3.800 motion?
A Rule 3.800 motion is used to correct an illegal sentence, reduce a sentence, or fix a clerical error in sentencing.
8. What are the different types of Rule 3.800 motions?
- Rule 3.800(a): Used to correct an illegal sentence at any time, even after appeals are exhausted. No evidentiary hearing is required.
- Rule 3.800(b): Used to challenge a sentencing error before an appeal is completed.
- Rule 3.800(c): Allows the court to reduce or modify a sentence within 60 days after sentencing, after an appellate mandate, or after a probation revocation.
9. What is considered an "illegal sentence" under Rule 3.800(a)?
10. Is there a deadline for filing a Rule 3.800 motion?
- Rule 3.800(a) can be filed at any time if the sentence is illegal.
- Rule 3.800(b) must be filed before the appellate court’s decision on direct appeal.
- Rule 3.800(c) must be filed within 60 days of sentencing or an appellate mandate.
11. What is a Rule 3.170 motion?
A Rule 3.170 motion allows a defendant to withdraw a guilty or no-contest plea under specific circumstances, either before sentencing or after sentencing under limited conditions.
12. When can a defendant withdraw a plea under Rule 3.170?
- Before sentencing (Rule 3.170(f)) – A plea can be withdrawn for any "fair and just reason" if it does not prejudice the prosecution.
- After sentencing (Rule 3.170(l)) – A plea can only be withdrawn if the court finds a manifest injustice, such as an involuntary plea or ineffective assistance of counsel.
13. What is the deadline for filing a motion to withdraw a plea after sentencing?
A motion must generally be filed within 30 days of sentencing, unless there are constitutional claims that can be raised under Rule 3.850.
14. Can I file more than one post conviction motion?
Yes, but there are restrictions. For example, successive Rule 3.850 motions are only allowed if they raise new claims based on newly discovered evidence or constitutional rights recognized after the first motion.
15. Do I need an attorney to file a post conviction motion?
While you can file a motion without an attorney, post conviction relief is complex. Consulting Brownstone Law and Robert Sirianni can improve the chances of a successful outcome.
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