Post-Conviction Relief and Habeas Corpus in State and Federal Courts
A Petition for Post Conviction Relief is most often a request to the same court in which you were convicted to review your trial counsel’s performance or to review your sentence. In Florida you have up to two years to a Petition for Post Conviction Relief. The time begins to run from the day of the Final Judgement and Sentencing or from when your direct appeal to the Court of Appeals has been finalized.
The petition, which you may have heard referred to as a 3.800 motion or a 3.850 motion, is a legal argument which presents shows the trial court that a basic constitutional right was ignored or infringed upon. The arguments most commonly presented are that you have been subjected to an illegal sentence or that your trial counsel was ineffective. If you are asking to the court to review an illegal sentence the two year time limit does not apply. You may file a Petition to Correct an Illegal sentence at any time. You may also be entitled to file a Petition for a Writ of Habeas Corpus. Depending on the legal issue involved there may or may not be a time limit in which to file a Petition for a Writ of Habeas Corpus.
Similar to an appeal, post conviction relief petitions involve the preparation of a “legal brief” based upon the record and the trial transcripts. It is very important therefore that both the record and the trial transcripts be prepared prior to the running of any time period which may apply to your case. In most cases if your time limitation expires your petition will automatically be denied.
This "brief" is a series of written arguments that set forth the underlying facts of the case and legal issues that you want the court to consider. Like an appeal, post conviction relief remedies are a lengthy and highly technical process. Many inmates will attempt to write their own post conviction relief petitions. In our experience this decision is extremely risky and sometimes fatal – literally. Should an issue be missed which is entitled to post conviction relief, most often you will never be able to present that issue to the court for its consideration. That is why it is extremely important to have all of your post conviction opportunities presented correctly to the court - the very first time.
If you have been wrongly convicted of a crime or sentenced, proving those issues is extremely difficult. It is important that you retain an attorney experienced in the post conviction process. Glenn Swiatek is one of the very few criminal defense attorneys in Northwest Florida who has experience in the filing and arguing of Petitions for Post Conviction Relief.
Contact Glenn Swiatek, Criminal Defense Attorney, P.A.
Even if your appeal was unsuccessful, you may still be able to challenge the validity of your conviction by means of a Petition for Post Conviction Relief or a habeas corpus petition. Contact the criminal defense firm of Glenn Swiatek, today to discuss the manner in which you can take advantage of these important procedures that are intended to protect your constitutional rights. To schedule a consultation, call Mr. Swiatek at 850-609-0940 or send us an email at this link: CONTACT