Tampa Post Conviction Relief Attorney
Florida Rule of Criminal Procedure 3.850
A Post Conviction Relief is Your Last Chance to Overturn a Conviction.
Post-conviction relief is the defendant’s last opportunity to overturn an unjust criminal conviction after all appeals have been exhausted.
However, certain circumstances must apply for your case to be eligible for this post-conviction relief. In Florida, the criminal defense attorneys at de la Grana | Boardman can help you determine whether your case is eligible.
Not all criminal defense lawyers are willing or qualified to pursue this kind of cases. Frank de la Grana, Scott Boardman and Francesca de la Grana have a favorable track record in many of these cases, and they are not afraid to challenge the legality of court decisions to protect the rights of our clients. Contact the Law Firm of de la Grana | Boardman to discuss post-conviction relief possibilities today at (813) 248-0704.
Is Post Conviction Relief is an Option for You?
Before you pursue a post-conviction relief, all other opportunities of appeal must be exhausted.
There are three ways this can happen:
1. You appealed, but your conviction was upheld in the appellate court
2. You appealed, but the appellate court refused to hear your appeal
3. The 30-day limit for filing your appeal expired
After the appeals process is exhausted, a motion for post-conviction relief is possible if:
1. You discover new evidence that could exonerate you
2. The original conviction was illegal
3. Your trial attorney was incompetent
4. You pleaded guilty, but your plea was not entered freely or voluntarily
5. You were previously tried for the same crime and not convicted.
If your case is eligible for post-conviction relief, you must file a motion within two years after your appeal or your time limit for filing expires. If you are filing a motion based on newly discovered evidence, you have two years from the time the evidence is discovered to file your motion.
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