Protecting your rights and building the strongest possible defense for your case.
If your appeal in criminal court fails, you can still file a motion for post-conviction relief. You would challenge your conviction and/or sentence after exhausting direct appeals. By asking for post-conviction relief, you’re telling the court that you didn’t receive a full and complete defense.
Through filing a petition under 28 U.S.C. §2255, you can correct an injustice or constitutional violation that may have occurred at the trial-court level. Unlike a direct appeal, which is limited by the record, a §2255 motion allows you to introduce new evidence, such as affidavits, polygraph test results, and testimony of witnesses if granted a hearing.
Some examples of constitutional violations include:
- Prosecutorial misconduct
- Juror misconduct
- Evidence not being heard at your trial
- Ineffective assistance of counsel
it’s not intended to determine whether you are guilty or innocent of the crimes charged. You generally can file a petition for post-conviction relief only once. There is generally a five-year time limit to file the petition after the conviction.
If your motion is successful, you could:
- Reopen your case after a criminal conviction
- Vacate the conviction in your case at the judge’s order
- Set aside or correct a sentence or any fines that you have been ordered to pay
- Request a new trial on the merits of your case
Joffe Law, PA understands the complexities involved in filing a motion for post-conviction relief. Our Florida criminal defense lawyers will thoroughly review your case, explain your options, and advise you in how to proceed in the process. Call us today at 954-723-0007 to get experienced representation for your case.
The 110 Tower
110 SE 6th St.
Fort Lauderdale, FL
1100 Fifth Ave. S
Naples, FL 34102
2202 N. Westshore Blvd.
Tampa, FL 33607
Schedule a FREE consultation today.
We offer evening and weekend appointments by special arrangement and have multilingual capabilities to serve members of the Latino, Haitian, Caribbean and Chinese communities. Our main Fort Lauderdale office can be reached by phone at 954-723-0007. You can also reach us online to schedule a consultation with one of our attorneys.