A
3.850 Motion, a
Florida Rule of Criminal Procedure, addresses
Motions to Vacate, Set Aside, or Correct a Sentence.
The 3.850 Motion challenges a judgment or sentence
entered against a defendant on certain grounds; for
example, the plea entered into was involuntary or
the court did not have jurisdiction. 3.850 Motions
are often based on ineffective assistance of
counsel.
In order to file a
3.850 motion it must be determined that sufficient
grounds for the motion exists.
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:
-
The judgment
was entered or sentence was imposed in
violation of the Constitution or laws of the
United States or the State of Florida.
-
The court did
not have jurisdiction to enter the judgment.
-
The court did
not have jurisdiction to impose the
sentence.
-
The sentence
exceeded the maximum authorized by law.
-
The plea was
involuntary.
-
The judgment
or sentence is otherwise subject to
collateral attack.
Advocate Law Firm,
P.A.,
provides you with an experienced 3.850 Motion attorney (lawyer)
legal representation in Lakeland, Winter Haven, Bartow, Polk
County, Orange County, Osceola County, Hillsborough County, and Highlands County, Florida. We are committed to
protecting the legal rights of each and every client, while
striving to always
provide
the highest standard of legal
representation.
Speak to an experienced and
aggressive 3.850 Motion attorney today by calling
863.644.5566
or
by using our
online case evaluation form.
Advocate Law Firm,
P.A., is hear to aggressively fight for you
in an effort to help you achieve your legal needs
and goals.
There are time
restrictions to file a 3.850 motion. The time
restrictions to file are:
A) 2 years after the
judgment and sentence become final in a noncapital
case; or
B) more than 1 year
after the judgment and sentence become final.
There are exceptions
to these restrictions if it is alleged 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, or
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
post-conviction relief.
For more information
about 3.850 motions and if you or your loved one
meet the guidelines for such a motion, please
contact our office today at
863.644.5566.
