Michael Ufferman Law Firm, P.A. Florida Postconviction Relief Attorney

Florida Postconviction Relief Attorney

Mr. Ufferman represents individuals in all types of state postconviction motions. Postconviction motions are often confused with criminal appeals because both are filed after a sentence and a final judgment have been rendered in a criminal case. However, postconviction motions are filed within the sentencing court, and appeals are filed within an appellate court.

The primary category of postconviction motions available under Florida Law are motions filed pursuant to Florida Rules of Criminal Procedure 3.850. These motions raise claims for relief such as ineffective assistance of counsel or newly discovered evidence.

• Applies in non-death-penalty cases when a person has been convicted at trial or has entered a plea of guilty/nolo contendere (no contest).
  • Claims under Rule 3.850 motions may include relief for:
  • A judgment or sentence that violates the State or Federal constitutions or laws;
  • Lack of jurisdiction to enter the judgment or sentence over the defendant;
  • A sentence that exceeds the maximum allowed by the law;
  • A plea that was not voluntary; or
  • A “judgment or sentence otherwise subject to collateral attack.”
• The motion must be filed within two years (but should be filed earlier if the defendant wants to preserve the right to file a federal habeas petition pursuant to 28 U.S.C. § 2254).
• The motion may not be filed if an appeal is currently pending, but the deadlines do not begin to run until the judgment becomes final.
• The most common claim in a rule 3.850 motion is ineffective assistance of counsel.
• For an ineffective assistance of counsel claim, a defendant must allege:
  • Counsel’s performance was deficient, AND,
  • The deficient performance prejudiced the defense.
• This means that a defendant must prove that there is a reasonable probability that the outcome would have been different if counsel had not been deficient OR that there is a probability sufficient to undermine confidence in the outcome of the case.
• If a guilty/no contest plea was entered, the motion must show that the defendant would not have pled and instead would have proceeded to trial if counsel had not been deficient.

Florida Rule of Appellate Procedure 9.141

• The most common claim in a rule 9.141 petition is ineffective assistance of appellate counsel.
• The rule can also be utilized to obtain a belated appeal.

28 U.S.C. § 2254

• A § 2254 petition (AKA a federal habeas petition) is a vehicle that allows a defendant convicted in state court to raise his or her federal constitutional claims in federal court for a second review by a federal judge.
• All rule 3.850 claims can be raised in a § 2254 petition, and other claims involving federal constitutional claims can also be raised in a § 2254 petition.

Florida Postconviction Relief Lawyer

If you have questions about any of these postconviction motions, please call the Michael Ufferman Law Firm for a free consultation with a Florida postconviction lawyer.