Being convicted does not mean your legal options are exhausted. Post-conviction relief provides opportunities to challenge wrongful convictions, correct illegal sentences, and address constitutional violations that affected your case. Whether you received ineffective legal representation, new evidence emerged, or fundamental errors occurred, post-conviction relief may offer justice.

At Keys Criminal Defense, PLLC, our experienced Key West post-conviction relief lawyers thoroughly investigate cases, identify viable legal grounds for relief, and fight aggressively to overturn wrongful convictions or reduce unjust sentences, protecting your rights and freedom. Contact us today to schedule a consultation with a skilled criminal defense attorney.

Reasons for Post-Conviction Relief

You may seek post-conviction relief due to the following reasons.

Ineffective Assistance of Counsel

If your prior attorney mishandled your case, including by not presenting crucial evidence or calling key witnesses, an appeal may be possible.

Involuntary or Invalid Guilty Plea

If your plea was coerced, or it was entered without you understanding the consequences, you may be eligible for postconviction relief.

Newly Discovered Evidence

If evidence arises that was unknown at trial, could not have been discovered earlier with due diligence, and could have changed the verdict, contact a Key West post conviction relief attorney as soon as possible.

Constitutional Violations

You may have post conviction relief options if you were denied due process, or there were other violations of your constitutional rights.

Prosecutorial Misconduct

If the prosecutor illegally withheld evidence or presented false and misleading testimony, you may have cause to appeal your conviction.

Illegal or Incorrect Sentence

If your sentence exceeded the maximum, or it was based on an incorrect score, post-conviction relief may be available.

Actual Innocence

Post conviction relief may be essential when your claim is supported by new and reliable evidence showing that you did not commit the offense

Types of Post-Conviction Relief

Florida offers several types of post-conviction relief for challenging convictions or sentences. Rule 3.850 motions are the most common, addressing constitutional violations, ineffective assistance of counsel, newly discovered evidence, or illegal sentences. These must typically be filed within two years of conviction.

Rule 3.800 motions challenge illegal or incorrect sentences, allowing corrections when sentences exceed statutory maximums or violate plea agreements. These can be filed anytime if the sentences are facially illegal.

Habeas corpus petitions address custody issues, claiming defendants are illegally imprisoned or detained. These challenge jurisdiction, fundamental constitutional violations, or procedural errors.

Motions for DNA testing allow defendants to request forensic analysis of biological evidence that could prove innocence. Florida law permits these motions when DNA evidence wasn’t previously tested and could establish actual innocence.

Sentence modification motions request reductions based on changed circumstances, substantial assistance to prosecution, or demonstrated rehabilitation. Writs of error coram nobis address fundamental errors in closed cases where other remedies are unavailable, typically for defendants who completed sentences but face collateral consequences.

During an initial consultation, your Key West attorney could analyze the circumstances of your conviction to determine what relief option may be available and most helpful to you. Our team is dedicated to supporting you throughout the legal process, ensuring you remain informed on the progress of your case.

How a Post-Conviction Relief Lawyer Can Help You

A Key West post-conviction relief attorney provides essential guidance in navigating the state’s complex legal procedures for challenging convictions. Experienced attorneys thoroughly review trial records, identifying constitutional violations, ineffective assistance of counsel, prosecutorial misconduct, or other errors that undermined your case.

Post-conviction lawyers understand strict filing deadlines and procedural requirements that pro se defendants often miss, resulting in permanent forfeiture of relief rights. They conduct independent investigations, locating new evidence or witnesses overlooked during the trial.

Our attorneys draft persuasive legal motions presenting compelling arguments for why your conviction or sentence should be overturned or modified. They understand what evidence courts require and how to present complex legal issues effectively.

Post-conviction lawyers handle evidentiary hearings, cross-examining witnesses, and presenting testimony supporting your claims. We know Monroe County court procedures and have relationships with local judges and prosecutors that facilitate smoother proceedings. Most importantly, our experienced attorneys realistically assess your case’s strengths, advise whether post-conviction relief is viable, and pursue alternative remedies like appeals or sentence modifications when appropriate.

Contact a Key West Post-Conviction Relief Attorney For Help

When your previous trial resulted in an injustice, speak to a Key West post-conviction relief lawyer at Keys Criminal Defense, PLLC to learn how you may be able to get justice under the law. Schedule an initial consultation by sending us a message online or by calling us today.

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