Sometimes errors are made during the process of convicting a defendant of a crime in Florida. The error may or may not have resulted in a wrongful conviction, but either way, the defendant can seek post-conviction relief. The process, however, is neither straight-forward nor guaranteed. That is where our Team comes in to assist.
At The Federal Research Group, our post-conviction consultants will walk your defense team through the process to seek post-conviction Team relief. Call us today at 305-272-0770 to schedule a call with our Team to see how we can assist your Defense Team in your matter. Our highly trained and experienced Consultant's can guide you and your Defense counsel through the maze of the Florida Post-Conviction process.
I. What is Post Conviction Relief?
Post-conviction relief (PCR) [Fla. R. Crim. Pro. R. 3.850] is a process that allows a defendant to present additional evidence or raise further issues after they have been convicted of a criminal offense and usually, after their direct appeal has been concluded. Unfortunately, errors do occur in the criminal justice system and these errors can result in wrongful convictions or extended terms of incarceration. Like the appeals process, PCR provides a way for a defendant to raise and remedy any errors during their case. The matter is not easy and usually requires experience in this field. This is where our Team of experts come in.
PCR is different from a direct appeal. A direct appeal is filed with a higher appellate court. In an appeal, a defendant alleges that the trial court made a legal error and asks the appellate court to give a different decision. An appellate court cannot consider new evidence, it can only review the evidence that was before the trial court and in most cases, properly preserved.
In contrast, a defendant applies to the trial court for PCR and it is often the trial judge who hears and decides the matter. A defendant can present new evidence and raise issues that cannot be fully investigated in an appeal, where there is no opportunity to hear witnesses usually, where the defendant will raise allegations of ineffective assistance of counsel or prosecutorial misconduct. All complicated issues where you only ONE chance to raise these claims. It must be presented correctly the first time.
A successful PCR motion may result in an order for a new trial, a change to the defendant's sentence, or some other relief for the defendant.
II. Possible Claims for PCR in Florida
The claims a defendant raises in their request for PCR will depend on the specific facts of their case. Examples of potential claims include the discovery of new evidence not available at the time of the trial and post-verdict changes to the law, ineffective assistance of trial or appellate counsel or prosecutorial misconduct.
One of the most common bases for PCR is ineffective assistance of counsel, where a defendant alleges their attorney failed to represent them in a reasonably competent manner in violation of their Sixth Amendment rights.
When arguing for ineffective assistance, a defendant may allege their counsel failed to:
- Investigate a case, including any potential defenses
- File necessary motions such as a motion to suppress evidence or a motion in limine
- Obtain expert witness assistance relevant to a defendant's defense
- Advise them of a plea offer made by the prosecution
- Correctly advise them in relation to a plea offer
- Interview and call available witnesses
- Object to improper evidence
- Object to improper argument
- Request proper jury instruction from the trial judge
- Object to an improper jury instruction
- Object to improper sentencing issues
- Seek a downward departure sentence (a sentence lower than the minimum guideline)
A defendant should seek legal advice as to the specific claims that may arise in their case and should definitely consult with an experienced attorney on the fiel.d
III. How to Apply for Post-Conviction Relief in Florida [Fla. R. Crim. Pro. R. 3.850].
The time limit for filing a request for PCR is jurisdiction-dependent. However, a defendant usually has more time to file a PCR motion than a direct appeal. For this reason, it's common for a defendant to file a PCR motion after a direct appeal. In Florida, the time limit to file a PCR motion depends on several criteria:
(b) Time Limitations. A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final unless it alleges that:
(1) the facts on which the claim is predicated were unknown to the movant or the movant's attorney and could not have been ascertained by the exercise of due diligence, and the claim is made within 2 years of the time the new facts were or could have been discovered with the exercise of due diligence;
(2) the fundamental constitutional right asserted was not established within the period provided for herein and has been held to apply retroactively, and the claim is made within 2 years of the date of the mandate of the decision announcing the retroactivity; or
(3) the defendant retained counsel to timely file a 3.850 motion and counsel, through neglect, failed to file the motion. A claim based on this exception shall not be filed more than 2 years after the expiration of the time for filing a motion for postconviction relief.
A PCR motion usually needs to include the details of the trial, the basis on which the defendant is seeking PCR, and the remedy they are seeking. A complete Team review of the trial documents and transcripts is required.
IV. Contact the Federal Research Group to Assist your Team
You don't have to face the criminal justice system alone. At The Federal Research Group, Inc, we know the justice system can be intimidating and overwhelming, but we're here to help your Defense Team. Call 305-272-077 or fill out a contact form to schedule a call with our Team to see how we can assist your Defense Team in your matter. Our Team has the resources to help your counsel in this matter and try to secure much needed relief.
Need more information have your family schedule an inmate call with our office so you can call us directly. We accept all Prison calls.
