Even if you have been convicted of a crime and sentenced or even serving a sentence after an appeal, it doesn’t always mean that you’re stuck. You may have grounds to file a request for post-conviction relief sometime referred to as a collateral attack on the conviction such as a motion to vacate Judgment or conviction which may reverse the conviction and/or sentence. Although it isn’t a simple process, it is an important one. During the trial process mistakes happen and sometimes information is unknown or omitted that may affect the outcome of your case. Oft time these do not surface until months after conviction or new evidence is discovered.
For starters, it’s important to understand the difference between a direct appeal and a collateral appeal. Essentially, a direct appeal is when you go through the appellate process of filing for an appeal first with the district court of appeals, and thereafter to the Florida Supreme Court and finally (if necessary) to the United States Supreme Court. This type of appeal is based on information that is already in the court record. For example, if you believe mistakes were made during the trial on the record. However, if new evidence comes to light, or you believe a mistake was made by counsel it could be grounds for what is known as a collateral appeal.
Whether you are facing charges of DUI, domestic violence, sex crimes, post conviction relief, post conviction collateral appeals, drug crimes or misdemeanors, our professional team of Attorneys has experience in defending hundreds of clients.
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