Florida Post-Conviction Relief:
A Public Information Guide
Thousands of individuals in Florida are convicted and sentenced to prison every year. This resource is provided for general educational purposes to help those individuals, and their families, better understand Florida's complex post-conviction process.
What is Post-Conviction Relief?
Post-conviction relief refers to legal challenges and procedures used after a conviction has occurred and a sentence imposed. These procedures give inmates another chance at justice by raising constitutional challenges, correcting sentencing errors, or by uncovering new evidence of their innocence.
Florida has a number of laws and court procedures that govern what happens after a conviction and sentence, including:
- Florida Criminal Appeal
- Belated Appeals
- Rule 3.800 – Sentence Correction
- Rule 3.850 – Motion for Post-Conviction Relief
- Conviction Integrity Reviews
- Federal Habeas Corpus Petitions
Florida Criminal Appeals
The First Step at a Second Chance
What is a Criminal Appeal in Florida?
A criminal appeal in Florida is a legal process in which a defendant asks a higher court—usually the District Court of Appeal—to review and overturn a conviction or sentence imposed by a lower court. Unlike post-conviction motions, which often introduce new facts or evidence, appeals are based strictly on the existing trial record. No new witnesses or documents can be introduced.
Who Can File a Criminal Appeal?
Any defendant who has been convicted and sentenced in a Florida criminal court has the right to file a direct appeal, provided they do so within 30 days of the entry of judgment and sentence. In some cases, the State of Florida may also appeal, but only under limited circumstances.
What Issues Can Be Raised on Appeal?
Appealable issues must generally involve legal errors that occurred during trial or sentencing. Common grounds for appeal include:
- Improper admission or exclusion of evidence
- Incorrect, incomplete, or misleading jury instructions
- Judicial misconduct or bias
- Violation of Constitutional Rights
- Ineffective assistance of trial counsel (if the record clearly supports the claim, very uncommon)
What Happens During the Appeal Process?
- Notice of Appeal – Must be filed within 30 days of the judgment and sentence (your trial lawyer typically does this).
- Record on Appeal – The official transcript and trial documents are prepared and submitted to the appellate court.
- Appellate Briefs – The defense files an Initial Brief explaining legal errors. The State responds with an Answer Brief, and the defense may submit a Reply Brief.
- Oral Argument (optional) – In some rare cases, attorneys may appear before the appellate judges to argue the case.
- Appellate Decision – The appellate court may affirm, reverse, or remand the case for further proceedings.
What Are the Possible Outcomes of an Appeal?
Affirmed - This means that the appellate court did not find error to overturn the conviction or sentence.
Reversed - This means that the appellate court is in agreement that something went wrong that needs to be fixed.
Remanded - This means that the appellate court is directing the lower court to take some action. This could be things like having a new trial, a new sentencing hearing, or change a previous ruling.
Most appeals in Florida's District Courts are Per Curium Affirmed which means that the Appellate Court doesn't overturn anything the trial court did, but doesn't provide a written order explaining why.
How Long Does a Criminal Appeal Take in Florida?
Most Florida criminal appeals take between 6 and 18 months, depending on the complexity of the case, the size of the trial record, and the workload of the appellate court. Emergency appeals or cases involving juveniles may proceed more quickly.
Should You Hire an Appellate Lawyer?
Almost definitely. Appellate law is highly specialized, and not all criminal defense attorneys handle appeals. Attempting an appeal without the benefit of legal training is often an insurmountable challenge. An experienced appellate lawyer can:
- Identify potential reversible errors in the trial transcript
- Draft persuasive briefs that meet strict formatting rules
- Anticipate and counter the State's Arguments
- Request oral argument when it may improve the chances of success
Choosing the right appellate lawyer can make a tremendous difference in your case. To find out how to find an attorney with a proven track record in Florida's Appellate courts, click here.
Florida 3.800 Motions
Challenging The Details Of Sentences After Conviction
Florida Rule of Criminal Procedure 3.800 provides a legal avenue for individuals to correct errors in their sentence—even after a conviction has become final. This rule is not about challenging the conviction itself, but rather the legality or accuracy of the sentence imposed. It is one of the few legal tools available that can be filed at any time, under certain conditions.
There are three main types of Rule 3.800 Motions:
- Rule 3.800(a) - To correct an illegal sentence (can be filed at any time)
- Rule 3.800(b) - To correct an illegal sentence while an appeal is pending and preserve them for appeal
- Rule 3.800(c) - To request a discretionary reduction or modification of a legal sentence within 60 days of sentencing being imposed OR 60 days from an appellate mandate.
Rule 3.800(a)
Rule 3.800(a) allows an individual to correct a sentence that is illegal on its face—meaning the error is clear from the sentencing documents or judgment.
This rule can be invoked at any time, even years after sentencing, but it is limited to correcting facial legal errors, such as:
- A sentence that exceeds the statutory maximum
- Failure to award credit for time served
- Use of an incorrect sentencing scoresheet
- Imposition of a mandatory minimum not authorized by law
- Sentence imposed under a repealed or unconstitutional statute
3.800(a) does not allow for subjective arguments about fairness or proportionality - it must be a legal error evident on the face of the record.
Rule 3.800(a) motions are filed in the original sentencing/trial court. If the factual issues raised are undisputed there often will not be any sort of formal hearing unless the motion is granted. If the motion is denied, the defendant may appeal the denial.
3.800(b)
Rule 3.800(b) is a procedural safeguard that allows defense counsel to preserve sentencing errors that occurred during the trial for review by the appellate court. It is only applicable after sentencing but before the appeal is resolved.
This rule is used to correct issues such as:
- Clerical or transcription errors in the sentencing documents
- Miscalculations in jail credit
- Misapplied sentencing guidelines
- Improper financial penalties assessed and imposed
Key Details
- Must be filed within 30 days of sentencing or while an appeal is pending
- Ensures that errors not objected to during sentencing can still be reviewed on appeal
- Commonly used as a means of "cleaning up" sentencing records that are unclear or seemingly inconsistent.
3.800(c)
Rule 3.800(c) allows a judge to reduce or modify a legal sentence at their discretion—but only within a strict 60-day window after one of the following events:
- The imposition of sentence
- Receipt of a mandate on appeal
- Entry of an appellate order dismissing or deciding an appeal
This rule is not based on legal error—instead, it allows a defendant to ask the judge for leniency due to:
- Mitigating circumstances not present at sentencing
- Evidence of rehabilitation
- Compassionate Grounds
- Cooperation with law enforcement
Important Limitations:
- The judge is not required to reduce the sentence—it’s entirely discretionary
- The motion must be filed within 60 days or it is permanently barred
- The court may hold a hearing but is not obligated to do so
Should I Hire A Lawyer For A 3.800 Issue?
Almost definitely. Post-Conviction law is highly specialized, and not all criminal defense attorneys handle post-conviction matters. Attempting a 3.800 motion without the benefit of legal training risks missing important procedural rules, deadlines, and effective presentation of evidence if the opportunity is given.
Working with a lawyer who understands how to evaluate sentencing legality, appellate preservation, and discretionary motions can mean the difference between freedom and a missed opportunity. Choosing the right post-conviction lawyer can make a tremendous difference in your case. To find out how to find an attorney with a proven track record in litigating 3.800 matters, click here.
Florida 3.850 Motions
Ineffective Assistance of Counsel
What Is Ineffective Assistance of Counsel?
The Sixth Amendment guarantees every defendant the right to effective legal representation. Under the standard established in Strickland v. Washington, 466 U.S. 668 (1984), a claim for ineffective assistance must show two things:
- Deficient performance – The attorney made errors so serious that they were not functioning as the “counsel” guaranteed by the Constitution.
- Prejudice – There is a reasonable probability that, but for the attorney’s errors, the result of the proceeding would have been different.
Examples of ineffective assistance include:
- Failing to investigate key witnesses
- Not filing a motion to suppress illegal evidence
- Giving incorrect advice about a plea deal
- Failing to object to improper jury instructions
- Not preserving issues for appeal
Is There A Time-Limit To File A 3.850 Motion For Ineffective Assistance?
A Rule 3.850 motion alleging ineffective assistance of counsel must generally be filed within two years of the judgment becoming final. This deadline may be extended only in extraordinarily limited circumstances.
How Long Does It Take?
Depending upon the amount of litigation involved in a case the time it takes to fully review and prepare a motion alleging Ineffective Assistance of Counsel can range from a few months to well over a year. Given the strict two-year time limit, it is critical to begin working on these claims as early as possible to file the most persuasive motion that encompasses all of the issues. It is exceedingly difficult to get two timely motions filed within the time permitted.
If the Filed Motion is untimely, facially insufficient, or wholly refuted by the record, the courts generally deny or dismiss fairly quickly. When there are legitimate issues raised that cannot be refuted by the record the process of proceeding to an evidentiary hearing can take a few months to over a year. Once the hearing has occurred it can still take more than a year to get a ruling from the Court. Post-Conviction motions have strict times for filing but almost no time requirements for the Courts to rule.
What Can the Court Do If A Lawyer Was Ineffective?
If a 3.850 motion for Ineffective Assistance of Counsel is granted, the court may:
- Vacate the conviction
- Order a new trial
- Modify the sentence
- Resentence the defendant
However, if the motion fails to raise a sufficient claim, or if the claim raised can be wholly refuted by the record, the Court will likely deny the motion without a hearing.
Should I Hire A Post-Conviction Lawyer For A 3.850 Matter?
Some lawyers will admit when they failed to provide effective representation. Others will fight even when their representation was clearly deficient. Often times the only way to identify ineffective assistance issues is with the benefit that comes from being an attorney with experience as a trial lawyer and handling post-conviction issues.
Even if a lawyer was ineffective, being able to persuasively show that to the trial court can be incredibly challenging. Having a trained lawyer who can obtain and analyze trial transcripts, locate and present necessary witnesses and evidence, and prove both error and prejudice is invaluable.
The Courts routinely deny poorly written or vague 3.850 motions. Representation by an experienced post-conviction attorney is critical to litigate these issues effectively and also to preserve issues for appeal if the court denies the motion. Choosing the right post-conviction lawyer can make a tremendous difference in your case. To find out how to find an attorney with a proven track record in litigating 3.850 matters, click here.
Florida 3.850 Motions
Newly Discovered Evidence
What Is Newly Discovered Evidence?
Newly discovered evidence refers to facts that were not known and could not have been discovered through reasonable diligence at the time of trial. When properly presented, this evidence may provide grounds to vacate a conviction or obtain a new trial under Florida Rule of Criminal Procedure 3.850.
To prevail, the movant must satisfy two things:
- The evidence must have been unknown at the time of trial and not discoverable through due diligence, and
- The evidence must be of such nature that it would probably produce an acquittal on retrial.
Examples of Newly Discovered Evidence
- A key eyewitness recants their trial testimony
- A new witness comes forward with exculpatory information
- Forensic testing (e.g., DNA) produces new results
- Official misconduct or Brady violations are revealed
- The actual perpetrator confesses to the crime
Not every new fact will qualify as newly discovered evidence sufficient for relief. The evidence must be credible, material, and likely to change the outcome of the case.
Time Limits for Filing
While Rule 3.850 motions generally have a 2-year deadline, claims based on newly discovered evidence are exempt from this time bar if filed within 2 years of when the new evidence could have been discovered through due diligence.
This “discovery rule” allows for later filings, but the burden is on the defendant to show that the evidence truly qualifies and could not have been discovered sooner.
Should I Hire A Post-Conviction Lawyer For A Newly Discovered Evidence Motion?
Newly discovered evidence cases are complex and often require:
- Private investigation
- Expert witnesses
- Advanced understanding of complex forensic science
- Familiarity with the always changing standards of reliability of scientific evidence
Most lawyers aren't sufficiently experienced or familiar with the complexities of Newly Discovered Evidence issues. Non-lawyers are even more likely to struggle. Representation by an experienced post-conviction attorney is critical to litigate these issues effectively and also to preserve issues for appeal if the court denies the motion. Choosing the right post-conviction lawyer can make a tremendous difference in your case. To find out how to find an attorney with a proven track record of proving innocence through 3.850 matters, click here.
Conviction Integrity Units: The final State Option
What Is a Conviction Integrity Unit (CIU)?
A Conviction Integrity Unit (CIU) is a division within a State Attorney’s Office that investigates claims of actual innocence or wrongful conviction. These units are meant to review cases in which new evidence has come to light or where a serious miscarriage of justice may have occurred—even years after a conviction becomes final.
Unlike post-conviction motions, CIUs operate internally within the prosecution’s office, and their work is not mandated by law. They also rely on their own internal policies rather than procedural time restrictions.
Where Do CIUs Exist in Florida?
Not every judicial circuit in Florida has a Conviction Integrity Unit. As of 2025, active CIUs in Florida include:
- 13th Judicial Circuit (Hillsborough County)
- 9th Judicial Circuit (Orange and Osceola Counties)
- 11th Judicial Circuit (Miami-Dade County)
What Does a CIU Do?
CIUs typically re-investigate cases involving:
- Newly discovered evidence
- Eyewitness recantations
- DNA testing or modern forensic analysis
- Claims of police or prosecutorial misconduct
- Defective or outdated expert testimony
The goal is not to re-try the case but to determine whether the conviction still stands on reliable, legally sufficient grounds. Most prosecutors want to ensure justice is done. A wrongfully convicted person also means that a guilty person was never held to account. Conviction Integrity Units allows for a mechanism to review cases that otherwise might fall outside of the available options under 3.800 and 3.850.
How Are CIU Cases Reviewed?
- Application or Referral – Some CIUs accept requests from inmates, however, most rely on attorneys, or advocacy groups to bring specific cases to the attention of the CIU
- Initial Screening – The CIU assesses whether the claim meets internal criteria
- Full Investigation – Review of transcripts, physical evidence, witness interviews, and consultation with experts
- Decision – The State Attorney may support a post-conviction motion, even if untimely, or otherwise stipulate that the trial court vacate the conviction. In many instances the State Attorney may decline to take any action at all, or offer a partial concession that reduces a sentence rather than vacate it entirely
Limitations of CIUs
- CIUs are discretionary—they are not required to investigate every claim
- They do not replace post-conviction remedies like Rule 3.850 motions or federal habeas
- Investigations can take months or years, and outcomes are not guaranteed
- Access varies depending on the policies of the elected State Attorney
- CIUs often work in collaboration with defense counsel, but they are not neutral third parties.
Should You Hire A Lawyer To Pursue CIU Review?
Given how few CIUs currently exist, and how different their policies are, it is especially important to have an attorney assisting you in pursuing a CIU review. In many cases, experienced lawyers leverage 3.850 motions based upon newly discovered evidence as part of their efforts to obtain CIU review and pursue both tracks simultaneously:
An experienced post-conviction attorney can help prepare the record and present the strongest version of your claim to both the court and the CIU. Choosing the right post-conviction lawyer can make a tremendous difference in your case. To find out how to find an attorney with experience working with Conviction Integrity Units, click here.
Federal Habeas Corpus Petitions: Challenging Unlawful State Convictions
What Is a Federal Habeas Petition?
A federal habeas corpus petition is a powerful legal remedy that allows prisoners to challenge their state court conviction or sentence in federal court—but only after exhausting all available remedies in the state system. This process is governed by 28 U.S.C. § 2254 for state convictions and 28 U.S.C. § 2255 for federal convictions.
In Florida, a habeas petition under § 2254 allows someone convicted in state court to assert that their custody violates the U.S. Constitution or federal law.
When Can You File a Federal Habeas Petition?
To qualify for federal habeas relief under § 2254, the petitioner must:
- Be in custody under the conviction or sentence they are challenging
- Have exhausted all available state remedies, such as:
- Direct appeal
- Rule 3.850 motion
- Any available state-level post-conviction relief
- File the petition within the statute of limitations
Time Limit to File
Federal habeas petitions are governed by a strict one-year deadline under the Antiterrorism and Effective Death Penalty Act (AEDPA). The clock generally starts on the date the judgment becomes final, including time for direct appeal. Certain events may “toll” (pause) the deadline:
- A pending Rule 3.850 motion or other properly filed state collateral review
- The date on which a newly recognized constitutional right was established
- Discovery of new evidence that could not have been previously found
Calculating AEDPA deadlines is complex and frequently misunderstood, even by experienced lawyers, leading to untimely filings and permanent loss of relief.
Grounds for Federal Habeas Relief
Federal courts will only grant habeas relief if the conviction or sentence:
- Violates the U.S. Constitution
- Was obtained through unlawful procedures, such as:
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Coerced confession or unlawfully obtained evidence
- Improper jury instructions
- Denial of due process
It is critical that every stage of post-conviction litigation a federal issue is raised and preserved. State law violations are not sufficient for Federal Relief.
The Standard of Review: Deference to State Courts
Federal courts apply a highly deferential standard under AEDPA. Relief is only granted if:
- The state court’s decision was contrary to or an unreasonable application of clearly established federal law, or
- The decision was based on an unreasonable determination of the facts
This means that even clear errors at the state level may not lead to relief if they don’t meet these stringent federal standards.
What Relief Is Available?
If granted, federal habeas relief can result in:
- Vacating the conviction
- Ordering a new trial
- Correcting the sentence
- Immediate release (in rare cases)
The federal court may also remand the case to state court for further proceedings.
Should You Hire A Federal Habeas Lawyer?
Perhaps more so than any other area of post-conviction relief, Federal habeas is extremely complex and procedurally unforgiving. Success depends on:
- Exhaustive case review and issue selection
- Meeting AEDPA’s filing deadlines and exhaustion requirements
- Framing claims with precision under federal constitutional law
Most Pro Se habeas petitions are dismissed on procedural grounds without any consideration of the merits of the issues being raised. Choosing the right post-conviction lawyer is critical to raising a potential habeas claim in Federal Courts. To find out how to find an attorney with experience navigating these incredibly complicated cases, click here.
How to Find the Right Post-Conviction Lawyer in Florida
Why Post-Conviction Cases Require Specialized Representation
Few criminal defense attorneys handle post-conviction relief, and fewer still do it well. Florida post-conviction law—whether under Rule 3.850, Rule 3.800, federal habeas, or appeals—is highly technical, deadline-driven, and fact-specific.
Hiring the wrong lawyer can mean missed deadlines, poorly presented claims, or permanent forfeiture of relief. The stakes are high, and there’s often only one chance to do it right.
What to Look For in a Post-Conviction Attorney
✅ Experience in Post-Conviction Law
Ask whether the lawyer regularly files 3.850 or federal habeas petitions—not just appeals or trial defenses.
✅ Understanding of Appellate Procedure
Good post-conviction attorneys are skilled in identifying issues that may have been missed on appeal or are best raised through collateral review.
✅ Hands-On Case Review
You want an attorney who will personally read the trial transcript, review the appellate filings, and investigate new facts—not just file templates or summaries.
✅ Knowledge of Procedural Rules
This includes:
- Time limits under Rule 3.850, 3.800, and AEDPA
- Exhaustion and waiver issues in federal habeas
- Rules for evidentiary hearings and legal sufficiency
✅ Track Record of Results
Ask if they’ve:
- Won evidentiary hearings
- Had sentences vacated or reduced
- Filed successful habeas petitions
Red Flags to Avoid
🚩 “We’ll file something and see what happens”
🚩 No review of your trial transcript or records
🚩 Only offering a clemency or parole approach
🚩 Lack of knowledge about federal deadlines
🚩 Promises of guaranteed relief
Questions to Ask Before Hiring
- Have you handled Rule 3.850 or federal habeas cases?
- Will you personally review the full trial transcript?
- What deadlines apply to my case right now?
- Do you regularly handle evidentiary hearings?
- What post-conviction strategies are available for someone in my situation?
Can You Afford a Post-Conviction Lawyer?
As with many things in life, you often get the service you paid for. Bargain shopping for your freedom is almost never going to be a good idea. Post-Conviction work is extraordinarily hard, technical, and the varying time constraints impose considerable pressure on lawyers and their staffs. An experienced and competent post-conviction lawyer can easily be $20,000.00 or more.
Many skilled post-conviction attorneys offer:
- Flat fee services with clear scopes of work broken into stages, such as initial reviews, investigations, drafting, evidentiary hearings, and appeals.
- Very few offer free in-depth case evaluations or transcript reviews before full representation, but most will do a docket review for a modest fee
- More and more firms are working with banks and lenders to allow for legal services to be financed. Ask what payment options are available. Keep in mind, the closer you are to a deadline the more the lawyer will have to set aside to ensure your case is timely filed. That urgency comes with a price and is another reason to get started as soon as possible.
Given the stakes, this is not the stage to cut corners. A rushed or poorly drafted motion can permanently forfeit relief.