Post-Conviction Relief

man in handcuffs

As you gear up for your day in court, you trust that your attorney has done everything in his or her power to construct a suitable defense for all proposed charges. You also assume that the legal system will run as it should and that no court errors would affect the outcome of your case. Before you know it, court proceedings have concluded, and the jury has decided that you are guilty of all charges. The judge then hands down a sentence that doesn’t seem to match the severity of the crime or take your limited criminal history into consideration.

You are made aware of your ability to file a direct appeal and choose to acquire an attorney who can help you do so but to no avail. The appellate court judges deny your appeal, and you are stuck with the original sentence set by the trial judge. People often find themselves in similar situations and give up after their appeal gets denied. Although it may seem like all hopes of having your criminal conviction overturned is lost, a motion for post-conviction relief can do just that.

The Orlando post-conviction relief lawyers at The Umansky Law Firm have the legal knowledge and experience necessary to guide you through the post-conviction process. A failed appeal is not the end of the road. Allow us to thoroughly review your case, make you aware of your legal options, and inform you of the best way to proceed.

Challenging a Criminal Conviction in Orlando

One files a motion for post-conviction relief in the trial court and after a direct appeal has been decided on. Those pursuing post-conviction relief often believe that one of two things occurred: there was a violation of their constitutional rights, or they received ineffective assistance of counsel. A few examples of constitutional violations include:

  • Juror misconduct
  • Improperly excluded or admitted evidence
  • Insufficient evidence to support a guilty verdict
  • Prosecutorial misconduct
  • Improper jury instructions

Ineffective assistance of counsel can manifest itself in many ways during the course of a trial. This includes:

  • Failure to file a motion
  • Failure to call a witness
  • Failure to object to inadmissible evidence
  • Failure to demand the government to furnish evidence favorable to your defense

If you believe that any of these factors led to your unjust conviction, an Orlando post-conviction relief lawyer can analyze your case for details supporting your claims and present them to the court.

Filing a Motion for Post-Conviction Relief

Filing a post-conviction motion is a legal action that requires the attention of an experienced legal professional. Many convicted individuals attempt to file this motion independently. This can be highly unfavorable as one must meet the strict technical requirements for filing a motion. Something as simple as improperly alleging the facts that gave rise to you challenging the court decision can result in a motion dismissal.

A knowledgeable post-conviction relief lawyer can ensure that your motion meets the stringent legal requirements to best position your for an approval. A successful motion can result in you being able to:

  • Appeal the decision
  • Set aside or correct a sentence or penalty
  • Vacate the conviction
  • Reopen your case
  • Request a new trial

The post-conviction relief lawyers at The Umansky Law Firm can help expose you to these benefits of a favorable decision on an appeal. Make sure to act fast. The state has set time limits as to when you can file such a motion. Contact us today at 407-228-3838 for a free case evaluation.