While the term 3.850 motion may not be familiar to everyone, the idea of post-conviction relief is generally well understood. Working with highly experienced appellate lawyers is important in this very specific type of legal procedure.
The experienced appeals attorneys at Halscott Megaro have the knowledge, expertise and the experience in handling these types of cases. The timing and the process in these types of relief acts must be carefully considered to provide the optimal results.
All types of post-conviction relief start after a judgment has been rendered by the court. In these types of cases, the appellate lawyers do not file the motion with the appellate court, but rather with the trial court.
Timing
The timing of the 3.850 motion needs to be carefully considered. This is a motion that is filed usually after direct appeals have been exhausted, or if the right to a direct appeal has been lost or waived. The motion provides the option to correct the sentence, to vacate the judgment or to set aside the judgment based on very specific issues.
Grounds for the Motion
There are very specific situations where a 3.850 motion is possible. These include an involuntary plea, ineffective representation by counsel (ineffective assistance of counsel), or in the case of a court not having jurisdiction in the case. Another common situation includes the sentence exceeding the maximum terms allowed by law or when additional information and evidence becomes available that is relevant to the case, called newly discovered evidence. Sometimes a grounds for the motion can be actual innocence – meaning the person was actually innocent of the crime for which they were convicted.
There are time limitations on filing a 3.850 motion that varies based on the specific facts or grounds for the motion and the procedural history of the case. Working with an experienced appellate attorney is essential as soon as possible once the judgment has been rendered.
For more information on post-conviction relief, or to consider your options after a judgment, talk to the appeals attorneys at Halscott Megaro.
