Middleton & MiddletonCounsellors at Law · Est. 1923

Practice area

Post-Conviction Remedies

A conviction is not always the end. Florida law provides ways to challenge a conviction or sentence after the direct appeal is over, but the deadlines are strict and the rules are technical.

Remedies we pursue

  • Motions for post-conviction relief (Florida Rule of Criminal Procedure 3.850), including ineffective assistance of counsel and involuntary pleas
  • Motions to correct an illegal sentence (Rule 3.800)
  • Claims based on newly discovered evidence
  • Motions for post-conviction DNA testing
  • State and federal habeas corpus petitions
  • Motions to withdraw a plea
  • Review of sentences for errors in scoresheets, credit for time served and gain time

Timing is everything

Most Rule 3.850 motions must be filed within two years after the judgment and sentence become final, with narrow exceptions. Federal habeas petitions have their own one-year clock that runs at the same time. A motion filed late is almost always denied without a hearing, no matter how strong the claim.

If you or a family member believe something went wrong in a case, have it reviewed as soon as possible. We read the record, identify claims that have a real chance, and tell you honestly when there are none.

Common questions

My appeal was denied. Is there anything left?

Often, yes. The direct appeal reviews what happened in the courtroom record. Post-conviction motions can raise matters outside that record, such as what your lawyer failed to investigate or advice you were given before a plea.

Can an illegal sentence be fixed at any time?

A motion to correct an illegal sentence under Rule 3.800(a) can be filed at any time, but it applies only to errors that appear on the face of the record, such as a sentence above the legal maximum.

Do you handle cases from prisons anywhere in Florida?

Yes. Post-conviction motions are filed in the court that entered the conviction, and we handle them for people incarcerated anywhere in the state.

This page is general information about Florida law, not legal advice about your situation. Deadlines and procedures vary and change; talk to an attorney about yours.

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