Post-Conviction Relief (Rule 3.850 Motions) in Florida

Miami Post-Conviction Relief Attorneys

A conviction doesn’t always mean the fight is over. Florida law gives you the right to challenge your conviction or sentence after your direct appeal through a Rule 3.850 Motion for Post-Conviction Relief.

At Rier Jordan P.A., our Miami post-conviction attorneys help clients across Florida pursue justice when their trial or plea was unfair, their lawyer was ineffective, or new evidence has emerged.
We focus on serious felony and life-punishable offenses, where a successful post-conviction motion can mean freedom, a new trial, or a reduced sentence.

What Is a Rule 3.850 Motion?

Under Florida Rule of Criminal Procedure 3.850, anyone convicted of a crime may ask the trial court to vacate, set aside, or correct the judgment or sentence if their constitutional rights were violated.

Unlike a direct appeal, a 3.850 motion allows you to introduce new evidence or facts outside the trial record.

Common grounds for post-conviction relief include:

• Ineffective Assistance of Counsel (e.g., failure to investigate or call witnesses)

• Newly Discovered Evidence proving innocence or misconduct

• Involuntary or Uninformed Plea Agreements

• Prosecutorial Misconduct or Brady Violations

• Illegal or Excessive Sentences

• Constitutional Violations at Trial or Plea Stage

The Difference Between Appeals and Post-Conviction Relief

These procedures often complement each other — if your direct appeal didn’t correct an injustice, a Rule 3.850 motion may still give you another chance.

Common Rule 3.850 Claims

Our attorneys have successfully filed post-conviction motions involving:

1. Ineffective Counsel:

   • Failure to object to inadmissible evidence

   • Inadequate cross-examination of witnesses

   • Failure to file suppression motions or call experts

   • Inaccurate sentencing advice

2. Newly Discovered Evidence:

   • Recanted testimony

   • DNA evidence unavailable at trial

   • Misconduct by witnesses or investigators

3. Involuntary Pleas:

   • Misinformation about potential sentence

   • Pressure or misunderstanding during plea negotiations

4. Illegal Sentences:

   • Sentences exceeding statutory limits

   • Improper guideline calculations

   • Double jeopardy violations

5. Prosecutorial Misconduct:

   • Suppression of favorable evidence

   • Improper arguments or false testimony

The Post-Conviction Relief Process

1. Case Review & Investigation

   • Our attorneys obtain trial transcripts, plea records, and discovery materials.

2. Drafting the Motion

   • We identify specific legal errors and attach supporting evidence or affidavits.

3. Filing & State Response

   • The motion is filed in the same court that entered the conviction. The State must respond.

4. Evidentiary Hearing (if granted)

   • The judge may hold a hearing where witnesses testify and new evidence is presented.

5. Ruling & Appeal

   • If successful, the court may vacate or modify the conviction/sentence — or order a new trial.

We manage every stage — from investigation to hearing — ensuring procedural accuracy and persuasive advocacy.

Time Limits and Exceptions

Generally, a Rule 3.850 motion must be filed within two years of your conviction becoming final.

However, exceptions exist for:

• Newly discovered evidence

• Changes in constitutional law

• Failure to receive notice of appeal rights

• Illegal sentences

Our attorneys can assess whether your claim qualifies even if your conviction is several years old.

Why Choose Rier Jordan P.A.

• Focused on Appellate and Post-Conviction Litigation

• Decades of Experience in Florida’s criminal courts

• Proven Record in Serious Felony and Life-Punishable Cases

• Comprehensive Review of Trial and Sentencing Errors

• Strategic, Evidence-Based Motion Drafting

• Personalized Legal Guidance Through Every Step

We are trusted throughout Florida to handle complex, high-stakes post-conviction cases where freedom truly hangs in the balance.

Frequently Asked Questions

How long do I have to file a Rule 3.850 motion?
You generally have two years from the date your conviction became final, though exceptions apply for newly discovered evidence or constitutional changes.

What’s the difference between Rule 3.850 and Rule 3.800?
Rule 3.850 challenges convictions or sentences based on errors or new evidence, while Rule 3.800 deals only with correcting illegal sentences.

Can I raise ineffective counsel on direct appeal?
Not usually. Those claims require evidence outside the record, so they are raised through a Rule 3.850 motion.

Do I need an attorney for post-conviction relief?
Yes. Procedural rules are strict, and improperly drafted motions are often dismissed without review. An experienced appellate attorney can identify valid claims and meet every deadline.

What happens if my 3.850 motion is denied?
You can appeal the denial to the appropriate District Court of Appeal. Our firm handles both the trial-level motion and any subsequent appeals.

If you or a loved one believes a conviction was unjust, you may still have options.
Contact Rier Jordan P.A. today to review your case and determine whether a Rule 3.850 motion can help overturn your conviction or reduce your sentence.

Available 24/7 to defend your rights and fight wrongful convictions across Florida.