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Post-Conviction Motions In Florida State Court

If you have been convicted of a crime through either a guilty plea or a jury trial, it is important to remember that you are not out of options. Florida law gives you the right to file post-conviction motions, even after an appellate court rejects an appeal.

Filing a motion, such as the “3.850 motion,” is a complicated process, and you should have experienced appellate attorneys in your corner to represent you. At O’Brien Hatfield, P.A., our attorneys combine extensive experience in criminal trial and appellate work.

Contact our Tampa law firm today, so our lawyers can review your case and determine the best way to pursue relief from your conviction.

Learn About 3.850 And 3.800 Motions In Florida Courts

This type of motion is to vacate, correct or set aside a conviction and sentence. This can be because of several factors:

  • New evidence has come to light, such as an alleged eyewitness recanting his or her previous testimony.
  • Prosecutors withheld evidence that could have benefited your defense.
  • Your criminal or appellate attorney failed to competently represent you.
  • The appellate court ignored your constitutional rights when rejecting your appeal.
  • You were coerced by law enforcement into accepting a plea deal.

We could also potentially file a 3.800 motion on your behalf, which alleges that your sentence fell outside Florida law. This could be an option if the court illegally applied sentencing enhancements or failed to take time served into account.

If you have no other options at the state level, our attorneys, who have handled several hundred cases in federal courts, can file a writ of habeas corpus on your behalf.

Turn To O’Brien Hatfield, P.A., For Effective Representation

Whether your previous attorney failed you or the system failed you, our attorneys can walk you through the steps of filing a direct appeal or any post-conviction motion. You can trust our attorneys to provide straightforward advice about your best chances to finding a successful outcome.

To schedule a free consultation, please contact our Tampa office via email or call 813-440-2347.