Florida Attorney experienced in Post-Conviction Motions
A direct appeal is not the client’s last chance to challenge a conviction. Whether a client has proceeded to trial and lost, or has entered a guilty plea, clients can collaterally attack their convictions by filing a Motion for Post-Conviction Relief. As specifically addressed below, there are several bases to support the filing of a post-conviction motion. This unique area of criminal law requires a qualified attorney who is familiar with the applicable law and procedure. Kristen Kawass has extensive experience in this field and has successfully litigated several post-conviction motions. Contact Law Offices of Kawass, P.A., today.
Discover a Trusted Post-Conviction Attorney in Florida
Motion to Vacate Conviction & Sentence
A 3.850 Motion must be filed within 2 years after the case has been finalized. There are several bases for which the motion can be filed. The most common basis is challenging the effectiveness of the trial attorney’s performance during trial, also known as a claim of “ineffective assistance of counsel.” Another frequent basis is the discovery of new evidence which was not available or discoverable at the time of trial, also known as a claim of “newly discovered evidence.”
Like the appellate process, preparation includes a careful review of the trial transcripts to determine whether a trial attorney’s performance met the standard guaranteed by the Sixth Amendment, or whether new evidence, if presented at trial, would probably produce an acquittal after a new trial. These motions typically result in an evidentiary hearing where witnesses and evidence are presented to the trial court.