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Rule 3.850 Motions
A Rule 3.850 Motion—also called a Motion for Postconviction Relief—is a way for someone convicted of a crime in Florida to challenge their conviction or sentence after their direct appeal is over. It allows you to ask the court to take another look at your case if something went wrong during your trial or plea, such as ineffective assistance of counsel, newly discovered evidence, or a constitutional violation that affected the outcome.
If the motion is successful, the court can order a new trial, a new sentencing hearing, or even vacate the conviction entirely. Every case is different, but a properly filed Rule 3.850 motion can be a powerful tool to correct serious errors and seek a fair result—even years after the original judgment.
Rule 3.800 Motions
A Rule 3.800 Motion—also known as a Motion to Correct an Illegal Sentence—allows a person to challenge certain sentencing errors in their Florida criminal case. This type of motion is often used when the sentence is illegal, was calculated incorrectly, or doesn’t match what the law allows.
Unlike a Rule 3.850 motion, a Rule 3.800 motion focuses specifically on sentencing issues rather than trial errors. It can be filed even years after a case is over, and in some situations, it does not require a hearing to correct the error.
If successful, the court can reduce or correct your sentence so that it complies with Florida law—potentially resulting in a shorter sentence or earlier release date.
Habeas Corpus Petitions
A Petition for Writ of Habeas Corpus is a legal action that challenges the lawfulness of a person’s imprisonment or detention. In simple terms, it’s a way to ask a court to review whether someone is being held legally under the Constitution or laws of the United States or the State of Florida.
In Florida state court, a habeas petition is often used to challenge issues such as unlawful detention, improper jail credit, or certain violations of constitutional rights that cannot be addressed through other postconviction motions.
At the federal level, a habeas corpus petition (often filed under 28 U.S.C. § 2254) allows an inmate to argue that their state conviction or sentence violates federal constitutional rights—for example, if their trial was unfair or their lawyer provided ineffective assistance. Federal habeas petitions are complex and have strict filing deadlines and procedural requirements, but they can offer one final opportunity for relief after all state options have been exhausted.
Litigation and Appeals
In Florida, litigation in postconviction law means actively fighting a case in court — filing motions, presenting arguments, and asking a judge to rule on issues like ineffective assistance of counsel, new evidence, or sentencing errors.
An appeal is different. It asks a higher court to review what happened in the trial or postconviction court to decide if mistakes were made. Appeals don’t involve new evidence — they focus on whether the law was applied correctly and fairly the first time.
Together, litigation and appeals give people more than one path to challenge wrongful convictions or unfair sentences.