Tampa, Florida Post-Conviction Lawyer
Tampa Post-Conviction Attorney Helping Clients Challenge Convictions, Sentences, and Legal Errors After a Criminal Case Has Ended
Receiving a conviction in trial court does not always mark the end of a criminal case. The Florida post-conviction lawyers at Buda Law help clients explore their legal options following a criminal charge.
There are many types of motions in criminal court in Florida that a lawyer may use to affect the outcome of your case. Even after the final judgment, a Tampa post-conviction relief attorney can help you pursue legal remedies. By filing a post-conviction relief motion, you may be able to challenge convictions, sentences, or constitutional violations. Our team’s extensive experience in Florida criminal law allows us to provide much-needed support to clients seeking criminal appeals and post-conviction relief.
As a Tampa post-conviction attorney, Andrew Buda proudly serves clients throughout Florida. To schedule a free consultation with a legal professional, call our law firm today at (813) 322-2832 or contact us online.
What is Post-Conviction Relief?
Florida criminal cases first go through a criminal trial. State prosecutors present their case to secure a criminal conviction, and the final decision to convict is up to either a jury or a judge. Following a conviction in state court, you have multiple options to challenge the result.
Criminal appeals generally involve addressing issues related to a judge’s decisions during trial or sentencing. Post-conviction motions cover grounds that cannot be raised through an appeal. The most common claims for post-conviction relief include ineffective assistance of counsel and newly discovered evidence.
Understanding the legal processes of appeals and post-conviction relief can help you protect your freedom and legal rights. After conviction, it is best to seek legal counsel as soon as possible. Buda Law’s Tampa criminal defense attorneys use these motions to obtain acquittals, lesser sentences, new trials, and other relief options.
Who May Qualify for Post-Conviction Relief?
Those who qualify to file post-conviction relief claims include the following:
- Individuals convicted after a trial
- Individuals who entered a plea of guilty or nolo contendere
- Defendants serving probation, jail, or prison sentences
No matter the charge, Buda Law can help you understand if post-conviction relief is the right option for you. Our misdemeanor and felony defense attorneys in Tampa, FL, use their legal knowledge and litigation experience to your benefit.
Common Grounds for Post-Conviction Relief in Florida
Post-conviction motions are available under specific circumstances in Florida. Buda Law informs clients of the grounds for this type of relief so they can make informed decisions about what to do following a criminal conviction.
Ineffective Assistance of Counsel
The Sixth Amendment guarantees criminal defendants the right to effective assistance of counsel. If your attorney failed to provide such, you can pursue an ineffective assistance of counsel claim. These claims require proof of deficient performance, such as failure to investigate, file critical motions, or advise about plea offers. You must also be able to prove that deficient performance prejudiced your defense. In other words, you are asserting that there was a reasonable probability you could have obtained a different result if your attorney had provided competent representation.
Newly Discovered Evidence
Another common claim type in post-conviction cases is the discovery of new evidence. The motion must establish what the evidence is, as well as how it could have resulted in a different outcome in court. Newly discovered evidence may include DNA testing results, witness testimony, or someone else admitting guilt to the charge.
Prosecutorial Misconduct
State and federal laws hold law enforcement and prosecutors to a high standard of professional conduct. Unfortunately, this does not stop prosecutors from trying to obtain a conviction through underhanded means. During a trial, the prosecution may violate Florida discovery process laws by withholding evidence that can help the defense. Alternatively, they may build their case on inadmissible evidence. Proof of misconduct can result in post-conviction relief.
Constitutional Rights Violations
During the course of a criminal investigation or trial, police officers, prosecutors, judges, or your own counsel may violate your constitutional rights. Habeas corpus orders require authorities to justify a prisoner’s confinement. By filing a federal habeas petition, you can seek post-conviction relief through the federal court. Grounds for federal constitutional claims include denial of due process, unlawful arrest, and prolonged detention without bond in Florida.
Juror Misconduct and Trial Errors
Jurors are meant to be fair and unbiased while making conviction decisions. Defendants may be able to file for post-trial relief, however, when jurors act inappropriately or unfairly. Failure to disclose biases in Voir Dire, independently researching criminal cases, and discussing the case outside of court are all examples of misconduct. Other similar trial errors can also support post-conviction relief claims.
What is a Florida Rule 3.850 Motion?
In Florida, the primary way to obtain post-conviction relief is to file a Florida Rule 3.850 Motion. Our Tampa post-conviction relief attorneys can file motions for the following reasons:
- Judgments entered/sentences imposed in violation of the Constitution, U.S. laws, or Florida laws.
- Lack of court jurisdiction to enter a judgment or impose a sentence
- Sentences that exceed the maximum authorized by law
- Involuntary pleas
- Judgments or sentences that were otherwise subject to collateral attack
Most cases require defendants to file this motion no more than two years after a judgment and sentence become final. Motions must be immediately delivered to the assigned judge. If the defendant is entitled to relief, the court will order the state attorney to respond to the motion allegations within a set period of time. The judge then decides whether to hold an evidentiary hearing to determine if relief is necessary.
Motions to Correct an Illegal Sentence
State sentencing varies depending on a wide variety of factors, including the type and severity of the crime. The Florida criminal punishment code scoresheet also accounts for criminal history, legal status violations, community sanction violations, victim injury, and weapon offenses. Clerical mistakes, legal errors, and other issues may cause a judge to issue an incorrect, illegal sentence.
Defendants can challenge sentences when courts list the wrong offense, make incorrect statutory references, exceed the maximum sentencing limit, or lack sentencing jurisdiction. A successful motion can lead to the court simply correcting the sentence or discharging the movant entirely.
Newly Discovered Evidence Claims
Sometimes, new evidence comes to light after a judgment becomes final. This may serve as grounds for charge dismissal or a new trial. To qualify for post-conviction relief, the newly discovered evidence must be previously unknown to the movant or their lawyer. You must show that this evidence could not have been discovered earlier through exercising due diligence. Witness recantations, new testimony, and advances in forensic and DNA evidence are common examples of new evidence.
Wrongful Convictions and Actual Innocence Claims
The legal system is far from infallible. A wide range of circumstances can lead to wrongful conviction. Although eyewitness accounts often play a role in criminal conviction, witnesses sometimes misremember things or falsely identify the perpetrator. Police may secure false confessions and coerced statements through unethical and illegal means. Scientific and forensic errors can also cause legal issues. For example, mishandled DNA evidence or incorrectly administered chemical tests may lead to invalid results.
Post-Conviction Relief Following a Guilty Plea
In limited circumstances, a defendant may file a Motion to Withdraw Plea after sentencing. Generally, they must be able to demonstrate that a manifest injustice occurred for this motion to be successful. Involuntary pleas and errors during the plea process are common reasons to grant withdrawal. Defendants may also withdraw pleas when they failed to understand the consequences involved due to ineffective counsel. If the period to file a plea withdrawal motion passes, you can challenge the guilty plea through the Florida Rule 3.850 Motion.
Appeals vs. Post-Conviction Relief
Criminal appeals and motions for post-conviction relief are two distinct legal processes under Florida law. The Tampa criminal defense attorneys at Buda Law will carefully evaluate your case to determine which is the better option.
Key Differences Between the Two Processes
The appellate court handles all direct appeals in Florida. This process can only address issues that were properly preserved in the trial record. You may not submit new information or claims. Issues raised during an appeal may include inappropriate evidence admission or exclusion, incorrect jury instructions, and mistakes made by the prosecution or judge. Post-conviction motions, on the other hand, must be filed at the trial court level. Proceedings often deal with issues not covered in the original trial, such as new evidence and ineffective assistance of counsel.
Depending on the circumstances of your case, both remedies may be available. For example, perhaps the judge admitted inappropriate evidence in the initial trial, and you have since discovered new, additional evidence. This would constitute grounds for both a direct appeal and a motion for post-conviction relief. The best way to figure out which option you should seek is to consult with criminal appeals and post-conviction relief attorneys in Tampa, FL.
The Post-Conviction Process in Florida
Post-conviction relief requires careful review of trial transcripts, records, and evidence. A legal professional will carefully investigate any potential legal errors that could serve as a reason to file your claim. When you file a motion, you must provide detailed supporting documentation. A judge will consider your case and, in some cases, proceed with an evidentiary hearing. This court proceeding allows both sides to present their case before the judge makes a final decision.
What Happens if a Motion for Post-Conviction is Granted?
The result of a successful post-conviction motion depends on the specific claims of the case. Our Tampa post-conviction lawyers carefully walk clients through all possible outcomes before they file the motion.
Potential Outcomes of a Successful Florida Post-Conviction Case
If the court grants post-conviction relief, it may vacate, or clear, the conviction from your criminal record. A judge may even totally dismiss charges against you. Other times, the circumstances require a new trial. Cases involving incorrect sentencing often lead to sentence reductions or corrections.
How Long Do You Have To File a Post-Conviction Motion in Florida?
A time limit of two years applies to most post-conviction claims. Having your conviction and sentence reviewed as soon as possible is crucial to protecting your rights. Buda Law’s experienced criminal defense attorneys in Florida pursue remedies quickly.
Why Post-Conviction Cases Require Experienced Legal Representation
The post-conviction relief process is often confusing to those without specific legal knowledge and experience. You must adhere to strict deadlines and procedural rules while proving your claims. These cases involve complex legal and constitutional issues that can be difficult to understand. Building a strong argument requires a thorough investigation of legal documents and Florida laws.
Without legal representation, the possibility of your case being denied increases drastically. The sooner you seek help from a Tampa post-conviction lawyer, the better your chances in court.
Why Andrew Buda is a Post-Conviction Relief Attorney Florida Residents Trust
Andrew Buda and the legal team at Buda Law have extensive experience in handling post-conviction relief cases in Florida. Tampa residents can rely on us for comprehensive case reviews. We conduct a thorough investigation of trial and sentencing errors, then develop strategic post-conviction claims based on your specific situation. Our team works hard to secure favorable outcomes through aggressive advocacy in Florida courts.
Contact a Tampa, Florida, Post-Conviction Attorney Today
The ability to identify legal errors and constitutional violations is crucial in criminal law matters. Our Tampa criminal defense attorneys work hard to hone that skill so we can offer reliable legal representation throughout Florida. If you’re facing a recent criminal conviction, don’t wait to consult with a professional. Buda Law provides legal services throughout Tampa, Hillsborough County, Pinellas County, Pasco County, and surrounding Florida communities.
For a free, confidential consultation about postconviction relief, call our team at (813) 322-2832 or contact us online.
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He has connections and relationships with the court systems, which are crucial in negotiations.
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Andrew got the charges dropped even before it could go to trial.
Mr. Andrew is one of the best lawyers you can find in the Tampa Bay Area. He is not gonna give you false promises, and he will get the job done. I have been to many lawyers before hiring him for my case. The other lawyers told me of the case going to trial and what not but Mr. Andrew got the charges dropped even before it could go to trial. The best thing about him is his ability to connect to his clients and connect with them in a personal level. For him it’s not simply a job, it is his passion to help people. He gave me discount as I was going through some hardships. I recommend him very strongly. He is a man of words and he’s also a role model for others to look up to.
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I had an exceptional experience with Buda Law Group. This group absolutely has the high-level of expertise and dedication required to assist you with your case. The attorneys stayed engaged and I valued their proactive communication. Recommendations were made for actions I could take to help with the final outcome. They treated me as a person, not just a case number. From the beginning to the end, I was treated with respect and genuine empathy, especially when navigating a complicated case.
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My entire experience with Buda Law was absolutely 5 stars! After sending them a message on their website, within minutes I received a phone call from Attorney Julie Adue. Julie is absolutely phenomenal, was with me every step of the way, and answered all my questions throughout the process. Her knowledge and empathy really helped put my mind at ease, and have full confidence in who I chose to represent me. There was even a time I called the office and asked for Julie, and her paralegal, also named Julie was always so helpful! Highly recommend Buda Law overall, their entire team seems to truly care about their clients which isn’t always easy to come by!
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