Post-conviction Relief Attorney in Fort Pierce
Let Ohle & Ohle help you file a 3.850 motion
For the wrongfully accused and convicted, the fight for justice continues long after the criminal trial ends. Federal and state criminal defendants who are convicted by a trial court instantly become eligible to file an appeal after the court returns a guilty verdict. But what happens next if an appellate court denies the defendant’s appeal? Ohle & Ohle, P.A. is Fort Pierce’s dedicated post-conviction relief law firm. We help our clients continue the pursuit of justice even if the court has denied other options. Our legal team is qualified to represent convicted criminal defendants in state and federal court. We are committed to fighting for fair outcomes for the people we represent.
Filing a 3.850 Motion in Fort Pierce
The 3.850 motion is a potentially powerful tool criminal court defendants may use in state courts to challenge a conviction or sentence after exhausting the direct appeal. Convicted defendants may seek post-conviction relief by filing a 3.850 motion based on the following grounds:
- newly available evidence
- violation of constitutional rights
- illegal sentence
- ineffective assistance of counsel
Unlike a direct appeal, which the defense files with an appellate court, defendants file 3.850 motions with the trial court. The motion calls for the trial court to revisit the conviction or sentencing to determine how the integrity of the defendant’s trial may have been compromised.
Newly available evidence
Newly discovered evidence can completely change the outcome of a case. To qualify for a 3.850 motion based on newly discovered evidence, the defense must prove the evidence was unknown and undiscoverable through reasonable due diligence at the time of trial. The evidence must be genuinely new and not evidence that previously existed but was overlooked or ignored during the original trial. Technological advancements like the development of DNA evidence often lead to new evidence that previously could not be observed, analyzed, or extracted. Florida courts apply a stringent standard when evaluating whether new evidence could have changed the outcome of the defendant’s case if the evidence had been introduced at trial. The court’s high standard underscores the importance of presenting a compelling case.
Violation of the defendant’s constitutional rights
If a court or law enforcement agency engages in an action that fundamentally violates a defendant’s constitutional rights, the entire conviction may be overturned. Claims that are based on the violation of constitutional rights most often involve the denial of due process or equal protection under the law, both of which are guaranteed by the 14th Amendment. Challenges in constitutionality may reference a variety of activities in the criminal process, including:
- traffic stops
- police searches
- police interrogations
- arrests and bail
Constitutional rights violations may not be apparent to defendants who do not have a professional background in law. Contact a Fort Pierce post-conviction relief defense attorney even if you are unsure of whether your rights were fundamentally violated.
Illegal sentence
Although there are other motions defense attorneys can file to challenge the sentence imposed by a Florida court, the 3.850 motion offers a broader path to post-conviction relief. Not only does the 3.850 allow defendants to challenge unconstitutional elements in the sentence itself, but the defense may also argue unconstitutional conditions that led to the sentence. More specifically, attorneys file 3.850 motions in cases in which the sentence exceeds the legal maximum penalty, the defendant involuntarily entered a guilty plea, or the sentence was based on any other critical legal error.
The effect of a granted 3.850 motion can impact the defendant’s sentence differently, depending on the outcome the motion requests and the facts of the case. Some examples of potential outcomes include:
- a shortened sentence
- a vacated, set aside, or corrected sentence
- the defendant receiving a new trial or new hearing
- the court eliminating certain penalties or restrictions from the sentencing process
Ineffective assistance of counsel
Defendants whose attorneys fail to provide adequate representation and defense may file a 3.850 motion based on ineffective assistance of counsel. Florida courts require defendants who argue ineffective assistance of counsel to prove the following
- the defendant’s attorney fell below an objective standard of reasonableness
- there is a reasonable probability that, but for the defendant’s attorney’s unprofessional errors, the trial’s outcome would have been different
For people who have never worked with a defense attorney and who don’t otherwise have legal experience, the signs of ineffective counsel may not be readily apparent. Criminal court defendants commonly argue ineffective assistance of counsel if their attorney has done any of the following:
- failed to investigate key evidence or key witnesses
- failed to file important motions in a timely manner or at all
- failed to raise an objection to inadmissible evidence
- failed to adequately cross-examine witnesses introduced by the prosecution
- failed to provide necessary legal advice
- provided incorrect legal advice
Sometimes, you may just have a feeling that something wasn’t right with your case. Don’t dismiss that feeling; get a second opinion from a Fort Pierce post-conviction relief lawyer who has a winning track record with cases like yours. That first step toward revisiting the manner in which your attorney handled your case may be the beginning of your path to justice.
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3.850 motion filing rules are strict
The process of filing a 3.850 motion involves following very strict formatting rules. The motion must be written under oath and include double spaced formatting on 8 ½-inch by 11-inch paper. The page must have margins of at least one inch. If the defense wants to file a 3.850 motion, it must do so within two years of the date on which the conviction became final though exceptions do exist.
A universal exception to the two-year limit on 3.850 motions in Florida is cases in which the sentence exceeds the maximum permitted by law. Defendants in those types of cases can file a 3.850 motion at any time. A court may make an exception to the two-year limitation in other cases if:
- The motion is based on newly available facts, and those facts were unknown and could not have reasonably known the new acts within two years of the conviction being finalized
- The violated fundamental constitutional was not established within two years of the conviction becoming final
- The defendant hired an attorney to file the 3.850 motion, and the lawyer negligently failed to file the motion
If a court finds that an exception to the two-year limitation is necessary, the court will generally begin counting two years from the date upon which the defendant knew or should have known about the grounds upon which the defense bases the 3.850 motion. In a case in which new evidence becomes available more than two years after the finalization of the conviction, the two-year clock begins on the date upon which the defendant knew or should have known about the new evidence. If the defendant’s constitutional right becomes established more than two years post-finalized conviction, the two-year clock would begin upon the establishment of the constitutional right. If the defendant’s criminal lawyer neglectfully failed to file a 3.850 on the defendant’s behalf, the clock begins on the date of the original deadline for filing the motion.
Your case may qualify for an exception. A Florida post-conviction relief attorney can determine whether you have grounds to request an extension from a Ft. Pierce court.
Filing Requirements for a 3.850 Motion
Anyone can file a 3.850 motion by completing a form and submitting the form through Florida’s e-filing portal or delivering the document along with supporting evidence to the county court clerk. However, working with a defense lawyer can ensure proper formatting and correctly following the filing procedure. Moreover, attorneys have more experience in gathering relevant evidence and telling the defendant’s story in a manner that will compel a judge.
Post-conviction relief in federal cases
Criminal court defendants in federal cases have a different set of options for post-conviction relief. Federal defense attorneys most often use the following legal strategies to pursue justice after conviction:
- direct appeal
- motion to Vacate or Set Aside Sentence
- petition for Habeas Corpus in state cases
- writ of Habeas Corpus
Direct appeal in federal crime cases
The direct appeal is most often the first step defense lawyers take in pursuing justice for their clients after conviction. Defendants who want to file a direct appeal must wait until after they are convicted by a trial court and file a Notice of Intent to Appeal within 14 days. A direct appeal is not an automatic retrial. Instead, it is a request for an appellate court to review the trial court case for legal errors.
After filing the Notice of Intent to Appeal, each side must submit an appellate brief by a court-imposed deadline. After receiving and reviewing the briefs, the appellate court reviews each side’s brief. Although the court may opt to schedule oral arguments, judges decide the majority of appellate cases solely by reviewing and analyzing the legal briefs.
If an appellate court decides to hear oral arguments, the court will schedule a time for each side to present its case. During the presentation, the judges who preside over the case may interrupt the attorney to ask questions. Each attorney returns home at the end of his or her respective presentation to await the court’s announcement of its decision.
Motion to vacate or set aside sentence
Federal criminal defendants are often unaware of what a 2255 motion is and how it can be a highly effective tool for post-conviction relief. A 2255 motion is a formal request for a federal court to vacate, set aside, or correct a sentence. In 1996, Congress imposed a one-year limitation on filing a 2255 motion by enacting the Antiterrorism and Effective Death Penalty Act. The act also makes it more difficult for defendants to file the motion by requiring a certificate of appealability.
Petition for habeas corpus in state cases
The 2254 motion allows state court defendants to petition a federal court for habeas corpus in a case that is in a state level court system. Filing a 2254 motion challenges the legality of the defendant’s confinement in jail or a state prison on the grounds that the conviction violates the defendant’s constitutional rights. Defendants must first exhaust all potential state level remedies before they can be permitted to file a 2254 motion in the federal court system.
Similar to the 2255 motion, the 2254 motion has a one-year limitation on filing. Federal courts will generally pause the clock on the limitation if the defendant has a properly-filed petition for post-conviction relief pending in state court.
Federal writ of habeas corpus
A federal writ of habeas corpus requests a review of the legality of a defendant’s confinement in a federal or state correctional facility. The writ does not challenge the conviction or sentence, but it directly questions the detention itself. When a defense attorney files a writ of habeas corpus, the detained defendant must physically appear before a court to determine whether the detention is in violation of the detained individual’s constitutional rights or any other federal law.
Defendants must first exhaust all available state post-conviction remedies before they are permitted to file a writ of habeas corpus. The AEDPA imposes a strict one-year filing deadline and requires defendants to show clear and convincing evidence to overturn a state conviction for writs that involve state level cases.
Retaining a Florida defense lawyer for post-conviction relief
The attorneys at Ohle & Ohle, P.A. can help you explore the post-conviction relief options that may be available in state and federal cases. These legal strategies often have stringent requirements and high standards defendants must meet to file successfully. We leverage our experience, knowledge, and proven track record in post-conviction relief to help our clients get the justice they deserve. To learn more about post-conviction relief in state or federal court, contact Ohle & Ohle, P.A. A member of our team will conduct a case evaluation to determine what options may be available to you.