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Orlando 3.850 Motion Attorney

Whitney S. Boan Protecting Your Right

Though you’ve been found guilty of a crime, you still have opportunities at your fingertips to get the verdict that you desire. This involves going through the appellate court via a direct appeal, typically a result of an error on the part of the court. However, if you still believe you have an opportunity to be found innocent, you will likely want to look at your last resort. There has to be particular elements in place however before you can effectively call for post conviction relief, most commonly is the Florida Rule of Criminal Procedure 3.850 or ineffective assistance of counsel.

You’ve already been through the process twice, but you still have a chance with the right representation. It’s in your best interest to seek out an experienced attorney like Whitney S. Boan to take another shot at your case, because you have obviously felt as though your previous lawyers failed in some way.

At Whitney S. Boan, P.A. in Orlando, FL, your needs take a priority. Your case is serious to us, and as a result we are here for you when you need us. All you need to do is call: (407) 413-9569

What is under 3.850?

Due to the nature of the appeals process, there has been fault on the part of the court or the jury. However, when seeking post conviction relief with motion 3.850, you must be under the assumption that your representation failed you in one of the following ways:

  • They failed to investigate and file a motion to suppress
  • They did not advise for a plea offer, or make the consequences for accepting/rejecting a plea offer known
  • There was not an exculpatory witness investigated
  • Issues for appellate review were not preserved

If your previous attorney failed in any of these ways, you are eligible for the motion of ineffective assistance of counsel. While there are more possibilities, the general rule is that they were misguided in their approach to your defense, ultimately leaving out vital pieces of information that can get you the verdict you desire.

In the case where you were improperly educated to the consequences of a guilty plea, you may file the 3.850 motion in order to vacate it. Your last opportunity is if there has been new evidence that has surfaced since your original case. It’s important to know that the State of Florida views new evidence as something that could not have been obtained in any manner during the original proceedings. If the new pieces have the ability to alter the outcome, they can be taken back to court.

While the sense of urgency is lessened in post conviction relief cases, you should still seek proper representation as soon as you believe you are able. Your window is two years from the final judgement and sentence, so if anything comes out after that you have only technicalities that can allow it. Whitney S. Boan is not only an attorney who is capable of representing you in your post conviction relief, but if need be she can be your appellate lawyer to prevent the need for further time in court. By contacting the law offices of Whitney S. Boan, P.A., you’re putting your case in the right hands. We work with you from the moment of consultation to give you the best defense possible. That includes looking at in depth to your previous representation and determining where they may have gone wrong. Don’t hesitate, your future is at stake.