My lawyer did me wrong! He didn’t protect me! He screwed up my defense and now I’m convicted of something I didn’t do!
Under the US and Florida Constitutions, when charged with a crime you have the right to competent counsel. That lawyer must provide “effective” assistance. If they do not you can attack the conviction through filing a petition for Post-Conviction Relief (PCR) (also known as an “Ineffective Assistance of Counsel” or a 3.850 in Florida).
In many of the cases seeking this type of relief, the claim is that the representation of the attorney fell below the standard required to effectively represent the client. Not that the attorney was not good, but that he provided ineffective assistance. That is the first step of proof that the client has to establish to get a Court to overturn the conviction.
The second step of proof that must be established, is that the failure of the lawyer to properly represent the client rises to a level where the resulting conviction would not have occurred but-for the deficient representation.
Once both of these evidentiary bases have been set forth in a petition for relief, the Court can grant an evidentiary hearing with witnesses, including the attorney who failed to provide the proper level of representation are called as witnesses. If, after the testimony is completed, the Court decides that relief should be granted, he can reverse the conviction and send it back to the Trial Court to relist the case for another trial. In other words, it starts from the beginning again. It does not mean the case gets thrown out, but you start from the beginning with a different attorney.
Lastly, because you only get one bite at the apple, make it count. Experience matters.
For an honest evaluation from attorneys with more than 55 years combined experience on your Ineffective Assistance of Counsel (3.850), call the lawyers at Fernandez , LLC and ask for Tampa Criminal Attorney Martin at 813-229-5353 or CriminalDefenseLawyerTampa.com
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