Post-Conviction Relief is an area of criminal defense that focuses on what remedies can be exercised for defendants who have been sentenced. This is not the same as an appeal. Post-Conviction Relief can come in a number of ways, from a motion to correct an illegal sentence to a motion to vacate (undo) a plea. You may file a Post-Conviction Relief motion (under Florida Rule of Criminal Procedure 3.850 or 3.800) in a felony or misdemeanor case. If you have taken a direct appeal, you would wait until your appeal is completed before you would begin filing Post-Conviction Relief motions.
I have filed these motions for clients who are serving time in Florida state prisons. I have also filed these motions for clients who were sentenced for misdemeanor offenses and as a result, had their driver's licenses suspended or revoked. It is not necessary that you be serving a jail or prison sentence in order to file a Post-Conviction Relief motion. It is not even necessary that you be convicted at trial. There are post-conviction remedies for defendants who pleaded guilty or no contest to their charges.
If you have been sentenced for any criminal charge in Miami-Dade County, Broward County, or Palm Beach County, call me to discuss your Post-Conviction Relief options.
Eric Matheny is a former Miami-Dade prosecutor who has been practicing criminal defense since 2009. Eric Matheny handles everything from misdemeanors to criminal traffic offenses to serious felonies.