Postconviction

Postconviction proceedings (also called collateral proceedings) start once the conviction becomes final.  In other words, its time to file the postconviction motion after the judgment and sentence have been entered OR the direct appeal concluded - which ever is later.  In Florida state courts, a postconviction motion is raised pursuant to Rule 3.850, Florida Rules of Criminal Procedure.  In federal courts, a petition for writ of habeas corpus is filed pursuant to 28 USC 2254.  Valarie Linnen has experience in over 200 appeals and postconviction cases from the trial court level...all the way up to the United States Supreme Court.  Call today for a complimentary consultation! 1-888-608-8814‚Äč!
  • Newly Discovered Evidence
  • Change of Law that Applies Retroactively
  • Sentencing Issues (Rule 3.800)
  • Motion to Withdraw Plea (Rule 3.170)
  • Motion to Mitigate Sentence (Rule 3.800(c))
  • Ineffective Assistance of Counsel:
    • Failure to Investigate the Case
    • Failure to Call Alibi Witnesses
    • Failure to Convey a Favorable Plea Deal
    • Failure to Properly Advise About the Collateral Consequences of Pleading Guilty

 

Postconviction flowchart