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Following a conviction and sentencing, a defendant may have several avenues to challenge the trial court’s judgment. However, because post-conviction relief rules only allow limited challenges to a conviction and sentence, you need experienced legal counsel to help you determine whether you may have a viable motion. Contact Reed Palacios Law today for an initial case evaluation to determine whether a post-conviction motion can help you seek relief.

Understanding Post-Conviction Relief

In Florida, post-conviction relief refers to motions you can file after verdict or sentencing to challenge your conviction or sentence. You can file a motion for post-conviction relief before filing a direct appeal, after a court has denied a direct appeal, or after the time to file a direct appeal has expired. In limited circumstances, you may also file a post-conviction during the pendency of a direct appeal.

A motion for collateral relief cannot substitute a direct appeal. You must raise errors evident from the trial record, such as erroneous evidentiary rulings or improper jury instructions, in a direct appeal. However, a post-conviction motion can provide various forms of relief, such as a new appeal, resentencing, a new trial, or even dismissal of charges in rare cases.

As the defendant, you can file three types of motions for post-conviction relief:

  • A Motion for Correction, Reduction, or Modification of Sentence – You may file a motion to correct an illegal sentence or a sentencing score sheet error. Succeeding on a motion for correction, reduction, or modification of a sentence requires demonstrating your entitlement to relief on the face of the record.
  • A Motion for In-State Jail Credit – You can file a motion arguing that the trial court failed to give credit for time served in custody while awaiting sentencing.
  • A Motion for Collateral Relief After Affirmance of Judgment and Sentence on Direct Appeal – A motion for collateral relief can argue that your conviction or sentence violates state or federal law or the Florida or U.S. Constitution, the trial court lacked jurisdiction to enter judgment against or sentence you, the sentence exceeded the maximum allowed by law, or you made an involuntary or unintelligent guilty plea. You can also use this motion to launch a collateral attack on your conviction or sentence by arguing that you received ineffective assistance from trial, sentencing, or direct appellate counsel. You may also use a motion for collateral relief to bring newly discovered evidence of your innocence to the court’s attention.

The Process for Obtaining Post-Conviction Relief in the Monroe County Court System

Florida law imposes time limits on filing motions for post-conviction relief. Depending on the type of motion, you may have to file within one or two years of a final judgment. However, limited exceptions can extend these deadlines. When a court finds that a motion has arguable merit, it may schedule an evidentiary hearing for the parties to present evidence, witnesses, and arguments.

How Can a Monroe County Criminal Defense Attorney Help You Seek Post-Conviction Relief?

A Reed Palacios Law attorney will guide you through the post-conviction motion process and advocate for your rights and interests by:

  • Reviewing the facts and court record of your criminal case to identify potential issues that you can raise in a post-conviction motion
  • Gathering evidence and information to support your motion
  • Explaining what to expect during post-conviction motion practice
  • Aggressively arguing on your behalf to convince the court to grant you relief

Why Choose the Keys Defense Lawyers of Reed Palacios Law for Pursuing Post-Conviction Relief in Monroe County?

Individuals throughout the Keys have turned to the experienced criminal defense lawyers from Reed Palacios Law to guide them through the post-conviction process because:

  • Our team has over three decades of legal experience advocating for the rights and interests of criminal defendants. Our attorneys have backgrounds from both sides of the criminal courtroom, giving us unique insight into how to build compelling arguments to support post-conviction motions.
  • We have active cases in Key West, Marathon, and Plantation Key, and work closely daily with the State Attorneys and Courthouse Judges to effect the best outcomes for our clients.
  • Our attorneys will meet with you in person or virtually to discuss your case and develop a tailored legal strategy to pursue your post-conviction motion.

Contact Our Firm Today to Discuss Your Legal Options

When you believe fundamental errors during your prosecution affected the outcome of your criminal case, post-conviction relief may give you an avenue to challenge your conviction or sentence. Contact Reed Palacios Law today for a free, confidential consultation with our experienced criminal defense attorneys to discuss your options for pursuing post-conviction relief in the Florida Keys.
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