I Pled Guilty, Can I File a Motion for Post-conviction Relief?
You were charged with committing a crime. After consulting with your attorney and based on their advice, you pled guilty. The judge sentenced you, but it was not the sentence you were expecting. Now what?
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 your guilty plea and order a trial.
Florida rules provide reasons that can be used to support your request, but, because you pled guilty, the reasons that you can argue are a lot more limited. And you only have 2 years after losing your appeal to file this motion. If you do not file the motion on time, you will lose this option, making the possibility of vacating your plea and getting a trial, much more difficult.
If you or a loved one pled guilty and wants to vacate their plea, contact Attorney Evelyn J. Pabon Figueroa at (407) 647-7887 or email@example.com to discuss your case and decide if post-conviction relief is available to you.