Our representation in appeals and post-conviction relief include:

  • Rule 3.850 Motion for Post-Conviction Relief to Vacate Judgment and Sentence. A Motion for Post Conviction Relief is generally filed to challenge the performance and effectiveness of a defense attorney’s representation in a criminal trial and, in limited circumstances, at sentencing. 

  • Rule 3.800 Motion to Correct Illegal Sentence. A motion to Correct Illegal Sentence is generally filed when a sentence exceeds the statutory maximum, to address incorrect scoring on the sentencing scoresheet, and/or to address errors related to the imposition of the mandatory minimum, Prison Releasee Reoffender (PRR), and Habitual Felony Offender (HFO) sentences.  

  • Direct Appeal from the plea, or trial and sentencing. A Direct Appeal results from a trial verdict or sentence and in some cases from a plea. A Direct Appeal focuses on errors the Judge made and a review of the sufficiency of the evidence presented to the Judge at the time of the sentence.

  • 28 U.S.C. 2254 Federal Petition for Writ of Habeas Corpus. The filing of a 2254 Petition is reserved for state prisoners who have successfully and timely exhausted the state court appeals and have Constitutional claims.

  • Wrongful Conviction Review. Numerous State Attorney Offices in Florida recently opened special Wrongful Conviction Review units that allow for review of cases where the defendant may be able to prove that they are actually innocent. These case reviews may arise out of new evidence that can include new testimony and/or DNA that exonerates the defendant and may prove that someone else committed the crime. 
  • Juvenile Resentencing and Review Sentencing. Florida law under section 921.1401 & 921.1402 establishes criteria for individuals who committed offenses under the age of eighteen (18) to seek a sentencing review when they were sentenced to life in prison or a sentence disproportionate to the offense they committed.

  • Post-Conviction Relief Claims. These claims may be based on newly discovered evidence, changes in the law, and/or recantations of witness testimony. The use of a Rule 3.850 Motion allows for exceptions to its two (2) year time limitation on when the motion may be filed. Exceptions include claims of new evidence being discovered, changes in the law that may affect the sentence or conviction, and when a witness changes their testimony. Rule 3.850 lists several exceptions to its time limitations.   

  • Parole, Clemency and Commutation of Sentence. Parole is administrated through the Florida Commission on Offender Review. The Commission also performs the initial investigations for Clemency and Commutation of Sentence.  

  • Rule 9.141 Ineffective Assistance of Appellate Counsel and Belated Appeal. Rule 9.141 is used to challenge an appellate attorney’s performance in handling the Direct Appeal.  Typically, we would argue that the appellate attorney did not raise an issue on appeal that would have been sufficient to grant a new trial.

  • Writ of Mandamus/Writ of Habeas Corpus Administrative Appeal. Mandamus is different than Habeas Corpus in the state-level courts. Mandamus has a wide scope for relief and is generally used to compel a state agency to comply with its own laws. Habeas Corpus is not used to challenge a conviction as it was replaced by Rule 3.850 Motions, but it can be filed to ask for gain time or close management issues.

Picking an attorney to handle a criminal appeal is an extremely important decision. Call 954-523-3811 and speak with a team member at George Reres Law today to discuss your appeal.