State and federal law allows a Defendant to appeal any issues raised during the initial proceeding. A successful appeal starts by complying with the appropriate filing deadlines. The Huggins Law Firm's attorneys are adept at assessing the court record and determining the issues that should be presented to the court.
A wrongfully imprisoned person is entitled to constitutional rights that can be asserted to attain freedom. Among other grounds, a person can assert a violation of due process, illegal sentencing, or involuntary plea.
Florida Criminal Procedure Rule 3.850 allows relief for a Defendant convicted at trial or who has entered a guilty plea. Frequently, the ground used for relief is ineffective counseling. Mistakes made by counsel include failure to file the appropriate pretrial motions or failure to explain the consequences of a plea offer. A Defendant must file a petition or motion for post-conviction relief within two years after judgment becomes final on appeal.