The Gates Have Opened: Reduce Sentences Under Florida’s New Sentencing Laws!

For individuals looking to appeal a conviction or sentence, we specialize in drafting appellate briefs that address trial errors, constitutional violations, and other legal issues. The appellate process in Florida allows a higher court to review decisions made during trial, with the potential to reverse a conviction or order a new trial if legal mistakes are identified.

• Key Points for Appeals:
  • Reviewing the trial record for errors such as incorrect jury instructions or improper admission of evidence.
  • Filing an appeal within the statutory timeframe (usually 30 days from the final judgment).
  • Appellate courts focus on legal mistakes made during the trial, rather than presenting new evidence.

We also provide supplemental briefs for those already working with legal counsel who seek additional support in raising critical arguments on appeal.

A Rule 3.850 motion in Florida allows individuals to challenge their conviction or sentence after the trial process has ended. This motion is primarily used to raise claims of ineffective assistance of counsel, newly discovered evidence, or constitutional violations that occurred during the trial.

• Grounds for Filing a 3.850 Motion:
  • Ineffective assistance of trial counsel that materially affected the outcome of the trial.
  • New evidence that was not available at the time of trial, such as exculpatory evidence that could have altered the verdict.
  • Violations of constitutional rights, such as due process violations, improper jury instructions, or prosecutorial misconduct.

Rule 3.850 motions must be filed within two years of the final judgment, with exceptions for newly discovered evidence or cases involving constitutional issues. If successful, the motion can lead to a new trial, a sentence reduction, or in some cases, the vacating of the conviction.

In Florida, an inmate who believes their sentence is illegal or incorrect may file a Rule 3.800 motion. This motion is used to address sentencing errors that are evident in the record, such as a sentence exceeding the statutory maximum or an improper application of sentencing guidelines.

• Examples of Rule 3.800 Applications:
  • Sentencing errors where the court imposed a term longer than permitted by Florida law for the offense.
  • Miscalculations of time served or other legal errors related to the imposition of the sentence.

This motion can be filed at any time during incarceration, making it a valuable tool for correcting unlawful sentences or reducing the term of imprisonment.

For those who believe that DNA evidence could exonerate them, Rule 3.853 provides a path for post-conviction DNA testing in Florida. This motion allows individuals to request testing of physical evidence that was not previously tested or for which testing technology has improved since the time of trial.

• Key Aspects of Rule 3.853:
  • DNA evidence that could establish innocence or create a reasonable doubt regarding the individual’s guilt.
  • Evidence that was not available at the time of the trial or has since been developed through new technology.

A successful DNA test can lead to a new trial or the vacating of the conviction if the results favor the defendant.

A Habeas Corpus petition is used to challenge the legality of an individual’s detention or imprisonment. This petition is generally seen as a last resort after other legal avenues have been exhausted and can be filed in federal or state court.

• Common Uses for Habeas Corpus:
  • Claims that the individual’s imprisonment violates constitutional rights, such as due process or equal protection under the law.
  • Instances where other post-conviction motions have been denied, and there is no other recourse.

Habeas Corpus petitions are complex and require a thorough understanding of both state and federal law, but they offer an opportunity to correct wrongful imprisonment when no other legal options are available.

For inmates eligible for parole, the parole preparation process is a critical component in securing release. The Florida Commission on Offender Review evaluates parole applications based on rehabilitation, behavior during incarceration, and plans for reintegration into society.

• Elements of a Strong Parole Packet:
  • Documentation of rehabilitation efforts, such as completion of educational programs or behavioral improvement.
  • A detailed re-entry plan, including housing, employment prospects, and community support.
  • Letters of recommendation from correctional staff or community members.

Effective parole preparation increases the likelihood of a favorable outcome during the parole hearing, ensuring that the inmate is considered a good candidate for reintegration into society.

For inmates eligible for parole, the parole preparation process is a critical component in securing release. The Florida Commission on Offender Review evaluates parole applications based on rehabilitation, behavior during incarceration, and plans for reintegration into society.

• Elements of a Strong Parole Packet:
  • Documentation of rehabilitation efforts, such as completion of educational programs or behavioral improvement.
  • A detailed re-entry plan, including housing, employment prospects, and community support.
  • Letters of recommendation from correctional staff or community members.

Effective parole preparation increases the likelihood of a favorable outcome during the parole hearing, ensuring that the inmate is considered a good candidate for reintegration into society.

For inmates eligible for parole, the parole preparation process is a critical component in securing release. The Florida Commission on Offender Review evaluates parole applications based on rehabilitation, behavior during incarceration, and plans for reintegration into society.

• Elements of a Strong Parole Packet:
  • Documentation of rehabilitation efforts, such as completion of educational programs or behavioral improvement.
  • A detailed re-entry plan, including housing, employment prospects, and community support.
  • Letters of recommendation from correctional staff or community members.

Effective parole preparation increases the likelihood of a favorable outcome during the parole hearing, ensuring that the inmate is considered a good candidate for reintegration into society.