Losing a court case may feel hopeless, but it may not be the end of the road. It is important to consult a postconviction attorney as soon as possible to ensure you do not lose important rights due to missed deadlines. Contact Wurtzel Law today for a free consultation to discuss your options.
Postconviction Relief
In criminal cases, there are several motions that can be filed to attack convictions and/or sentences that are separate from appeals. These are generally referred to as motions for postconviction relief.
Motion to Correct Sentence
A motion to correct an illegal sentence can be filed at any time (no time limits) and is filed under Florida Rules of Criminal Procedure 3.800. An order denying a motion filed under this section may be appealed, depending upon the specific facts and circumstances alleged.
Motion to Reduce or Modify a Sentence
If a person wishes to reduce or modify a legal sentence, they can file a motion under Florida Rule of Criminal Procedure 3.800(c). Motions filed under this section must be filed within 60 days of sentencing (or within 60 days of the affirmance of the sentence on appeal). The court has 90 days to enter an order on a motion filed under this section.
3.850 Motions
Florida Rule of Criminal Procedure 3.850 allows for motions to vacate, set aside, or correct a sentence under certain grounds, including:
(1) the judgment was entered or sentence was imposed in violation of the Constitution or laws of the United States or the State of Florida;
(2) the court did not have jurisdiction to enter the judgment;
(3) the court did not have jurisdiction to impose the sentence;
(4) the sentence exceeded the maximum authorized by
(5) the plea was involuntary; or
(6) the judgment or sentence is otherwise subject to collateral attack.
One of the most well-known uses for a 3.850 motion is a motion alleging ineffective assistance of counsel. These motions must be filed within two (2) years of the date a judgment becomes final. If a person can establish that there are new facts that they could not have discovered within the two (2) year time period, it may be possible to file a belated motion on these grounds.
A court may grant an evidentiary hearing on a 3.850 motion, or may enter an order denying the motion without an evidentiary hearing, if the court finds it is apparent from the record that the motion should be denied. Orders denying a 3.850 motion may be appealed to a higher court within thirty (30) days of the date of the order.
Motion to Withdraw Plea
When a person enters a guilty or no contest plea, the grounds to appeal the sentence are quite limited. In many cases, the best remedy in these situations is a Motion to Withdraw Plea under Florida Rule of Criminal Procedure 3.170.
A person can ask a court to allow the withdrawal of their guilty/no contest plea at any time before a sentence is imposed for good cause under Florida Rule of Criminal Procedure 3.170(f).
If you have already been sentenced, you must apply to the court for withdrawal of the plea under Florida Rule of Criminal Procedure 3.170(l). This motion must be made within thirty (30) days of the sentence and can only be done for a limited set of reasons, including violation of a plea agreement, a sentencing error, lack of subject matter jurisdiction, or an allegation that the plea was involuntary. Denial of this motion can be appealed to a higher court.
Motion to Correct Jail Time
If, upon sentencing, the court makes an error in the amount of credit for time served allowed, a person can file a motion under Florida Rule of Criminal Procedure 3.801 to correct this error. A motion filed under this section must be filed within one (1) year of the date the sentence becomes final.
If you or someone you know is interested in postconviction relief, it is important to consult an experienced attorney as soon as possible to discuss the possible remedies and applicable time limits. Our attorneys have handled postconviction matters across the state of Florida. Contact Wurtzel Law for a free consultation to learn more about what we might do to help you get your future back.