You may feel all is lost. You were convicted at your criminal trial and given a sentence that seems overwhelming. All the issues you presented on direct appeal were denied and your conviction was upheld. You think there is no more hope. While the odds are not in your favor, with an experienced post-conviction relief attorney fighting for your rights, you can continue your quest for freedom. There are a number of post-conviction remedies that may be available to you depending on the unique circumstances of your particular case.
Motions for Post-Conviction Relief
In order to win and have your conviction set aside or a new sentencing hearing ordered, you must convince the court that your state or federal constitutional rights were violated. In your motion for post-conviction relief, the court will take notice of new evidence, and you will be allowed to present witness affidavits adn evidence that was not included in the original trial record. Some of the most common matters raised in motions for post-conviction relief include:
- You were denied your constitutional right to effective assistance of counsel.
- Your guilty plea was not voluntary.
- Your sentence was illegally imposed or excessive in violation of relevant statutes.
There are strict time limits applicable to filing post-conviction motions. Also, you are generally restricted to filing only one such motion, so you want to be sure your motion covers all possible known issues.
Other Post-Conviction Issues
In addition to the post-conviction relief motions described above, an attorney may be able to take other steps to lesen the long-term implications of a criminal offense. Some of these issues include:
- Expungement of your criminal record. If you meet the qualifications, your record will be erased and it will be as though you were never convicted. On job or loan applications, you can honestly check the box that says you were never convicted of a crime.
- Removal of your name from a sex registry.
- Clemency petition for restoration of voting rights.
- Pardon applications.
Call Post-Conviction Attorney Gary Schwartz
For more than 12 years, post-conviction attorney Gary Schwartz has been fighting for his clients to have their wrongful convictions set aside, their illegal sentences reduced or recalculated and for them to obtain other post-conviction remedies to which they may be entitled. He works throughout the entire state of Florida and keeps up-to-date on all relevant changes to the law that may have an effect on any of his pending or future cases. His office is in Orlando, Florida. Call him as soon as possible at (407) 267-1134.