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Criminal Appeal or Ineffective Assistance of Counsel

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After the trial verdict or guilty plea, you have the right to file an Appeal and to file for Post-Conviction Relief (Ineffective Assistance of Counsel) of a conviction. In Florida, you cannot file for both types of relief at the same time. A criminal appeal challenges the legal decisions of the Judge.  It is not a new trial or a situation of revisiting the facts of the case.  If the error was by the Court, such as denying a Motion to Suppress, or by allowing improper evidence before the jury, then file an appeal.

A Post Conviction Motion under Florida Rules of Criminal Procedure 3.850 challenges the representation of your attorney.  He or she must have been ineffective.  Being convicted is not ineffective.  It must be a legal deficiency.  If the error was in how the lawyer represented you, such as by giving you bad advice as to the consequences of pleading guilty, then file a petition for Post-conviction relief (or commonly known as a 3.850 Ineffective Assistance of Counsel).

There are deadlines you must meet to preserve the right to file the appeal, so do not delay in getting legal advice on your options.  The deadline for filing this type of application is typically 30 days, so decide whether to file for an appeal first.  You typically have 2 years after the guilty plea or appeal is concluded.

Daniel J. Fernandez

Daniel J. Fernandez

Daniel J. Fernandez defends individuals charged with a misdemeanor and felony criminal offenses throughout the Tampa Bay area and the State of Florida. With more than 30 years of experience as a criminal defense attorney and hundreds of jury trials, Daniel earned tremendous accolades from judges, other lawyers, defendants, and even jurors. Daniel started his legal career as a state prosecutor and became the chief of the Narcotics division before opening his own law practice in 1985.

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