Criminal Post Conviction Relief Lawyers in Miami Florida
Our Florida criminal appellate litigation law firm in Miami, Florida handles criminal cases on appeal. The appeal attorneys in Miami-Dade handle hundreds of appeals and post-conviction matters each year in Florida, and each case and client is provided a team of criminal appeal lawyers and Florida appellate attorneys. We also cover all areas of post-conviction relief in Florida and federal court.
Our Miami, Florida appeals lawyers have handled many criminal appeals in Florida and motions for post-conviction relief. Connect with a Miami criminal appeal lawyers at 1-(786) 753-5721.
Contact Robert Sirianni and our lead Florida criminal lawyer to discuss your federal habeas writ or state court post conviction claims.
Our Miami post-conviction attorneys have handled so many appeal cases to the extent that we are very fast and efficient in service delivery to our clients. As a matter of fact, we prepare the best briefs and writs in Miami, Florida as well as the rest of the country. Whether you are appealing a case or defending a lower court decision, Brownstone Law can help. We provide professional advice and counsel to clients confronted with the appeals process.
A direct criminal appeal can be made when there has been a critical legal error at the time of trial. For instance, if critical evidence was not allowed to be submitted, an appeal can be made highlighting that this omission could have had material impact on the final judgment given. Not all grounds for appeal enjoy the same chance for success and it is your Miami appeal attorney who can give you the right advice about making sure that your appeal claim has substantial weight. A successful appeal can result in mitigation of the original sentence or reversal of the judgment and a new trial where you have a second opportunity to present all the facts in your favor.
3.850 Motions For Post Conviction Relief in Miami Florida
Brownstone is based on a unique commitment to criminal appeals and Miami post-conviction litigation cases, such as habeas petitions, 3.850, and motions to withdraw plea. Our clients are served by our 100% commitment to Florida criminal appeals. Whether you are an inmate in prison, or a defendant that wants to vacate an old conviction, our law firm can help. We represent clients seeking to do the following:
- MOTIONS TO REDUCE A SENTENCE
- MOTIONS FOR A NEW TRIAL
- MOTIONS BASED ON NEWLY DISCOVERED EVIDENCE
- MOTION TO OVERTURN JUDGEMENT
- PARDONS AND CLEMENCY
We have a long standing reputation for criminal appellate advocacy. We often brief complex criminal appeal cases and argue difficult post-conviction matters for our clients. The firm handles federal appeals and state appeals in Miami, Dade County, Hialeah. Contact us today to see how we can aid in your case. The consultation is always free, so you have nothing to lose and everything to gain. Return to our Florida criminal appeals and writ of habeas corpus page.
Miami post-conviction litigation is a unique legal area that may be available to those who have been convicted of a crime after appeal rights have been exhausted. Motions for post- conviction relief can be made in several cases. If your counsel did not give you appropriate advice and support during the trial, you can file a post- conviction relief claim for Ineffective assistance of counsel or Affirmative misadvice by counsel. Other grounds for an effective post- conviction relief claim are involuntariness of plea or illegal sentencing. There are several requirements and rules to keep in mind to ensure that you file the claim within time and in the right way to maximize your chances of success. Criminal appeals in Miami proceed through the Third District Court of Appeals.
Miami Federal Post-Conviction Criminal Appeals
Brownstone’s appellate capabilities are enhanced by the background of our criminal appellate litigation team. Our firm and the chief appellate attorney, Robert Sirianni, focuses on criminal post-conviction matters and appeals of criminal cases. We handle complex federal criminal appeals.
Did your court case end and the court not rule in your favor? Where do you go from here now that your life has changed? Your next step is the Appellate court. You need to file an appeal. Brownstone Law, specialist in appeals, is the law firm to help you and this is the next call you need to make. You need Miami post-conviction lawyers with the skills and knowledge to manage the appeals process for you.
Do all cases get a hearing on a 3.850 Post Conviction Motion in Miami?
When a trial court denies a Miami motion for post-conviction relief without an evidentiary hearing, Florida Rule of Appellate Procedure 9.141 sets the standard for review as follows: “[u]nless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.” Fla. R. App. P. 9.141. In McLin, the Florida Supreme Court explained, when reviewing the summary denial of a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, an appellate court should overturn the trial court’s denial when the appellant’s claims are either facially valid or not conclusively refuted by the record. McLin v. State, 827 So. 2d 948, 954 (Fla. 2002). Florida courts have also explained, when a trial court summarily denies a claim made pursuant to Rule 3.850, the trial court must “either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion.” Id. (citing Anderson v. State, 627 So. 2d 1170, 1171 (Fla. 1993)). Specifically, “when the denial is not predicated on the legal insufficiency of the motion on its face, a copy of that portion of the files and records should be attached to the order.” Id. (citing Fla. R. Crim. P. 3.850(d)). Indeed, the post-conviction court’s order must demonstrate the “motion, files and records in the case conclusively show that the movant is entitled to no relief.” Read more about Miami post conviction motions: Miami Florida Post Conviction Petition
Contact our post conviction attorney in Miami, Robert Sirianni at (786) 753-5721
Let our Miami federal post-conviction appeal attorneys review your case to determine the best possible solution and strategy for your appeal. Contact our Miami post-conviction lawyers today at 1-(786) 753-5721 to get started.
Miami, FL Post-Conviction Lawyers
2520 Coral Way
Miami, FL 33145
