In the criminal process, mistakes made by police, prosecutors and even judges can lead to unjust convictions and sentences. While it’s common to speak of appealing a conviction, a more realistic option is often a motion for post-conviction relief.

In Florida, a post-conviction relief motion, also known as a Rule 3.850 motion, allows a court to vacate a conviction based on a showing that there were errors in how it was obtained. A motion for post-conviction relief typically does not challenge the facts of the case or the weight of evidence (unless newly discovered evidence is identified) but instead points out legal circumstances that make the judgment or sentence invalid.

The standard of proof for a Rule 3.850 motion is a high one and relief is granted only in limited circumstances. The grounds for post-conviction relief include the following:

• The judgment was entered or the sentence was imposed in violation of the United States Constitution, the laws of the United States or the laws of Florida
• The court did not have jurisdiction to enter the judgment
• The court did not have jurisdiction to impose the sentence
• The sentence exceeded the maximum allowed by law
• The defendant’s plea was involuntary
• The defendant did not have effective assistance of counsel

If you have been convicted of a criminal offense in Florida, you generally have only two years from the date of the court’s final judgment or sentence to seek post-conviction relief. It can take time to gather the facts and evidence and to develop the arguments necessary for your motion, so it is crucial to start evaluating this option as quickly as possible.

Because one of the potential grounds for post-conviction relief is ineffective assistance of counsel, a defendant should consider consulting with an attorney other than the one who handled the underlying case. An experienced criminal defense attorney can objectively evaluate the details of your conviction — including possible errors made by a previous lawyer — to determine whether post-conviction relief is available to you. Your new counsel can then pursue that remedy aggressively.

At the Law Offices of Tad A. Yates, P.C., I represent defendants in all aspects of the criminal process, including motions for post-conviction relief. If you have questions or need representation, please call my Orlando office at 407-608-7777 or contact me online anytime.