(filed within time frame) A direct criminal appeal is the process of taking a case to a higher reviewing court, often called the appellate court, to review errors committed by the trial court. Under Florida law, you have the right to appeal your case to a higher court after a guilty verdict following a bench or jury verdict.
Fee depends on the complexity of the case, length of trial, etc. The service will include the entire appellate process, which includes requesting a rehearing or request for written opinion in the event of receiving a Per Curiam Affirmed (PCA a/k/a denial); indicating the appellate court agreed with the trial court. This fee will not include jurisdictional briefs to the Supreme Court.
Please request a consultation to discuss the possibility of filing a Belated Appeal, should you have failed to file within the provided time period.
Complete Case Review- (recommended when timely filing has expired and or you believe you have exhausted timely remedy filings) These are typically requested when the case is 10, 20, 30 or more years old.
This includes an entire review of the case, from day one to present day. Including files from the arresting agency, FDLE, Clerk of Court and the State Attorney. This is a thorough and comprehensive review of ALL available case documents, pretrial, police reports, discovery, all documents, depositions and/or evidence used during trial, including all transcripts, and anything filed post-conviction. This includes pro se litigant filings. PCA will be looking for any claims of ineffective assistance of counsel, illegal sentence claims, technical violations, Brady violations, Giglio violations, issues of double jeopardy and any other claim with merit that can be brought before the court to obtain post-conviction relief. This fee includes the drafting of a memorandum of law regarding the case and any applicable motion or petition for court filing. All reviews will include a detailed Case Summary Memorandum prepared by a case manager and reviewed by one of our attorneys.
A Case Summary Memorandum is drafted for each review outlining procedural history and when applicable identifying any potential claims with merit and recommendations for further investigations or reinvestigation. If our Comprehensive Case Review does not produce favorable findings that could be presented to the court on your behalf, there will be a detailed outline describing why there are no avenues or remedies at this time for post-conviction relief.
If our attorney recommends a post-conviction remedy based on findings, merit, and supporting case law, the fee will include drafting of any motion or petition. Additional Attorney Representation fee will then be determined on a case-by-case basis, based on the complexity of the case. If this motion is denied by the trial court, the attorney fee will include the filing of the appeal and initial brief and a rehearing if applicable.
3.800 (a) Motion
Rule 3.800 (a) Correction of an Illegal Sentence. A court may at any time correct an illegal sentence imposed by it, or an incorrect calculation made by it in a sentencing scoresheet, or a sentence that does not grant proper credit for time served when it is affirmatively alleged that the court records demonstrate on their face an entitlement to that relief, provided that a party may not file a motion to correct an illegal sentence under this subdivision during the time allowed for the filing of a motion under subdivision (b)(1) or during the pendency of a direct appeal.
This does not come with an entire case review, however the issue presented will be thoroughly reviewed and investigated and will include attorney representation.
3.800 (c) Sentence Modification, Reduction or Modification (a/k/a Mercy or Beggars’ plea)
Reduction and Modification. A court may reduce or modify to include any of the provisions of chapter 948, Florida Statutes, a legal sentence imposed by it within 60 days after the imposition, or within 60 days after receipt by the court of a mandate issued by the appellate court on affirmance of the judgment and/or sentence on an original appeal, or within 60 days after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and/or sentence, or, if further appellate review is sought in a higher court or in successively higher courts, within 60 days after the highest state or federal court to which a timely appeal has been taken under authority of law, or in which a petition for certiorari has been timely filed under authority of law, has entered an order of affirmance or an order dismissing the appeal and/or denying certiorari. This subdivision shall not be applicable to those cases in which the death sentence is imposed or those cases in which the trial judge has imposed the minimum mandatory sentence or has no sentencing discretion.
Florida Rule of Criminal Procedure 3.800(c) provides several ways to challenge a sentence, but one of the most helpful is a motion to reduce sentence. Specifically, Rule 3.800(c) asks the trial court to reconsider the sentence of a defendant.
This motion is not appealable unless it is a jurisdictional matter.
3.801 Jail Time Credit Motion-
(a) Correction of Jail Credit. A court may correct a final sentence that fails to allow a defendant credit for all the time a person spent in the county jail before sentencing as provided in section 921.161, Florida Statutes. (b)Time Limitations. No motion shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final.
3.850 (Timely) –
(a) Grounds for Motion. The following grounds may be claims for relief from judgment or release from custody by a person who has been tried and found guilty or has entered a plea of guilty or nolo contendere before a court established by the laws of Florida:(1) the judgment was entered or sentence was imposed in violation of the Constitution or laws of the United States or the State of Florida;(2) the court did not have jurisdiction to enter the judgment;(3) the court did not have jurisdiction to impose the sentence;(4) the sentence exceeded the maximum authorized by law;(5) the plea was involuntary; or(6) the judgment or sentence is otherwise subject to collateral attack.(b) Time Limitations. A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final unless it alleges that:(1) the facts on which the claim is predicated were unknown to the movant or the movant’s attorney and could not have been ascertained by the exercise of due diligence, and the claim is made within 2 years of the time the new facts were or could have been discovered with the exercise of due diligence;(2) the fundamental constitutional right asserted was not established within the period provided for herein and has been held to apply retroactively, and the claim is made within 2 years of the date of the mandate of the decision announcing the retroactivity; or(3) the defendant retained counsel to timely file a 3.850 motion and counsel, through neglect, failed to file the motion. A claim based on this exception shall not be filed more than 2 years after the expiration of the time for filing a motion for postconviction relief.
This includes a Comprehensive Case Review, conducted after the Direct Appeal phase, preparation of grounds and motion for filing, Attorney Representation on this motion, and appearance at an evidentiary hearing if a hearing is granted.
2254 Federal Habeas Corpus Petition
A § 2254 petition is a motion for a writ of habeas corpus. This motion cannot be filed until the applicant has exhausted the remedies available in the courts of the State. This motion is used to challenge a conviction. A person who is in custody under a state court judgment may challenge his or her conviction in federal court on the grounds that there was a violation of his or her federal constitutional rights.
Rule 3.853 – MOTION FOR POSTCONVICTION DNA TESTING
(a)Purpose. This rule provides procedures for obtaining DNA (deoxyribonucleic acid) testing under sections 925.11 and 925.12, Florida Statutes.
(b)Contents of Motion. The motion for postconviction DNA testing must be under oath and must include the following:(1) a statement of the facts relied upon in support of the motion, including a description of the physical evidence containing DNA to be tested and, if known, the present location or last known location of the evidence and how it originally was obtained;(2) a statement that the evidence was not previously tested for DNA, or a statement that the results of previous DNA testing were inconclusive and that subsequent scientific developments in DNA testing techniques likely would produce a definitive result establishing that the movant is not the person who committed the crime;(3) a statement that the movant is innocent and how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or a statement how the DNA testing will mitigate the sentence received by the movant for that crime;(4) a statement that identification of the movant is a genuinely disputed issue in the case and why it is an issue or an explanation of how the DNA evidence would either exonerate the defendant or mitigate the sentence that the movant received;(5) a statement of any other facts relevant to the motion; and(6) a certificate that a copy of the motion has been served on the prosecuting authority.
Writ of Mandamus
(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing.
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes.
Please feel free to inquire about information on any other post-conviction procedures, rules or motions not listed above.
Examples: Motion to Rule, Answer Brief, Notice of Inquiry, etc.
Additional Services Inquiries
Family Law
Matters as it relates to a person serving a period of incarceration. Most common are Dissolution of Marriage, Temporary Guardian, Child Custody and Visitation
Investigative Services
Common requests are locating and interviewing victims or witnesses. Background checks, public records requests, requests for personnel disciplinary reports on agency or state employees related to the instant case or investigation of the instant case. Drafting of Affidavits and or Sworn Statements. Requests for audio or video to be transcribed or verified for authentication and/or verification of potentially altered evidence.
Legal Research
Request for verified favorable Case Law Rulings as it relates to an instant case, statute(s) or claim in support of a potential argument. Research will be done in the applicable District Court of Appeals and Supreme Court and in some cases supporting case law will be provided from a sister DCA’s.
Document Retrieval
Requests made on a client’s behalf from any agency as it relates to the instant case based on criteria provided by the client.
Immigration Matters
Comprehensive review and legal analysis of complete immigration file and criminal record to determine potential immigration consequences. Negotiate supervised release with Immigration and Customs Enforcement and/or submit application for discretionary stay of removal. If applicable, file a family related immigration visa petition and request for discretionary waiver of inadmissibility/removability dependent upon circumstances.
Post-Conviction &
Returning Citizens Alliance
P.O. Box 6646
Brandon, FL 33508
Copyright 2023 Post-Conviction & Returning Citizens Alliance
