Post-Conviction Relief and Habeas Corpus Lawyers in Florida

The state of Florida has numerous rules under 3.850 and 3.800 regarding ineffective assistance of counsel claims. Sometimes a defendant may only bring a 3.850 motion after a direct appeal is complete. In Florida, ineffective counsel may be brought during post-conviction litigation. Contact our Florida criminal appeals lawyers. Ineffective counsel claims involve:

  • INEFFECTIVE COUNSEL CLAIMS MAY RESULT IN A NEW TRIAL AND RE-SENTENCING PROCEEDINGS.
  • AN INEFFECTIVE COUNSEL CLAIM MAY ADDRESS ISSUES THAT ARE NOT ARGUED ON APPEAL.

3.850 post-conviction litigation requires scrutiny which involves a complete investigation of the case. We normally obtain a trial transcript to brief a 3.850 motion or claim. We must review trial dockets, evidence, exhibits, and notes from the clerk and any record on appeal.

Contact our Florida post conviction relief lawyers at (407) 388-1900.

Post-conviction investigation also often includes locating and interviewing witnesses and co-defendants. In some cases, mitigating evidence that was not presented during trial may offer insight in a post-conviction litigation case. DNA testing and new technology also offers support for a new trial or hearing. At Brownstone Law, we have years of experience in successfully providing post-conviction litigation services. For legal assistance, please phone our office at (407) 388-1900 to arrange an appointment.

You have a limited amount of time to file a post-conviction claim. It is your right, and it is an important and critical opportunity which should not be wasted. Contact a Florida post-conviction attorney today at (407) 388-1900 to schedule your free initial consultation.  Our appeals attorneys in Florida also handle Florida appeals.

Florida Post-Conviction Attorney

A motion of habeas corpus is an appeal filed at the federal courts by defendants who have exhausted all their post-conviction relief motions, direct appeals to the circuit courts, state court habeas claims and PDR claims. According to the anti-terrorism and effective death penalty act this motion has to be filed within 1 year and 90 days from the date of conviction. Our law firm has handled many of these cases and we therefore have enough experience to serve you. Contact a Florida post-conviction attorney at (407) 388-1900. Our appeals lawyers handle post conviction cases and petitions in:

Our firm represents criminal and civil clients. Brownstone consistently performs appeals from Jacksonville, Tampa, Orlando, Miami and all other Florida cities. Our motto is pride, passion and the pursuit of winning the argument on appeal. We combine years of experience, dedication and skill in legal research to ensure that we present a strong winning appeal in any federal appeal courts across the nation. Handling federal appellate litigation in Florida can be complex and challenging, often requiring the knowledge and experience of an attorney who specializes solely in appeals. A Florida post-conviction attorney at Brownstone has successfully taken on a variety of appeals, and has the capability to handle all forms of federal appeals across the nation including:

  • CRIMINAL
  • CIVIL
  • INTELLECTUAL PROPERTY
  • CIVIL RIGHTS
  • CONSTITUTIONAL RIGHTS
  • ADMINISTRATIVE
  • BANKING
  • PROPERTY RIGHTS

With a unique commitment to federal appellate litigation, clients from across the nation seek the help of our firm to argue important cases. Our Florida appellate law firm is experienced in all areas of federal law. We appeal criminal cases and civil cases from Florida federal courts, including environmental, class actions, RICO, business disputes, constitutional litigation and energy issues such as oil and gas. Our appeal lawyers are ready to review your case and to create a solid strategy for a winning appeal. Set up a consultation with one of our appeal attorneys by calling us at (407) 388-1900.

Federal Post-Conviction and Habeas Corpus in Florida

When an appellate court is moved during the course of direct appeal made in criminal matters, the court is restricted to undertaking a review of those issues that may constitute preserved legal error. Post- Conviction relief eliminates these restrictions and allows a re-evaluation and review of every aspect of the case in question. This reassessment may cover new evidence claims, involuntary plea claims, sentence legality and also effectiveness of counsel.  Rule 3.850 of the Florida Rules of Criminal Procedure show persons convicted of crimes 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 Relief in Ineffective Assistance Claims

Post conviction relief can be sought in the following cases: a claim of ineffective assistance by counsel, DNA test request, allegation of the sentence being illegal. If the post conviction relief is being sought under the first claim, there are some critical aspects to keep in mind.

  • THE DEFENDANTS ARE RESPONSIBLE FOR PROVING THAT COUNSEL FAILED TO OFFER EFFECTIVE ASSISTANCE
  • THEY HAVE TO ESTABLISH CLEARLY THAT THE FINAL JUDGMENT GIVEN IN THE CASE WOULD HAVE BEEN MATERIALLY AFFECTED IF THEIR COUNSEL HAD OFFERED APPROPRIATE AND EFFECTIVE ASSISTANCE.

Post- conviction claims for ineffective counsel are filed in several situations. For example, a claim can be filed if the defendant believes that:

  • COUNSEL DID NOT INVESTIGATE/ AND OR FILE A MOTION TO SUPPRESS
  • COUNSEL DID NOT ADVISE OF PLEA OFFERS
  • COUNSEL DID NOT EDUCATE THE DEFENDANT ABOUT THE CONSEQUENCES OF REJECTING OR ACCEPTING PLEA OFFERS
  • COUNSEL DID NOT PRESERVE ISSUES FOR APPEAL AND REVIEW

 

top criminal post conviction habeas lawyers in Florida

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

 

Speak with an appellate lawyer.