You’ve Been Convicted of a Crime and Lost at Appeal, Now What?
You were charged with committing a crime. At the trial you were found guilty and sentenced. You filed an appeal and lost. What do you do next? If you are in Florida, you can file a motion for post-conviction relief or, as it is sometimes referred to, a 3.850 motion.
With this motion, you are asking the court to vacate, set aside, or correct your judgment or sentence. Florida rules provide reasons that can be used to support the request and in the motion you will argue that these reasons are present in your case.
You only have 2 years after losing your appeal to file the motion, except in the following situations where you have additional time:
1. The sentence exceeds the limits allowed by law.
2. There is new evidence.
3. A new fundamental constitutional right has been established.
4. You retained an attorney to file the motion for post-conviction relief but the attorney did not file the motion.
If you or a loved one has been convicted and lost the appeal, contact Attorney Evelyn J. Pabon Figueroa at (407) 647-7887 or epabonfigueroa@cplspa.com to discuss your case and decide if post-conviction relief is available to you.
