Post-Conviction Relief: Fla. R. Crim. P. 3.850
After a criminal conviction or resolution by plea bargain a criminal defendant may challenge the validity of his incarceration by filing a motion for post-conviction relief. The motion is governed by Rule 3.850 of the Florida Rules of Criminal Procedure. The rule provides for strict time limitation for filing; seek the assistance of a skilled attorney as soon as possible if you believe you have a viable motion for post-conviction relief.
Motion to Mitigate: Fla. R. Crim. P. 3.800
After a criminal conviction or resolution by plea a criminal defendant may file a motion alleging that his sentence is either: 1) illegal, 2) contains an error, or 3) too long with a request to mitigate or reduce the sentence. This motion is governed by Rule 3.800 of the Florida Rules of Criminal Procedure. Again, there is a sixty day time limitation on filing a motion to mitigate; seek the assistance of a skilled attorney as soon as possible if you believe you have a viable motion to mitigate or correct sentence.
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Legal Experience You Can Count On
After excelling in law school as a research assistant, law review member, federal law clerk intern, and graduating with honors in the top five of her class at Saint Thomas University School of Law, Krysten A. Pogue, the founder of unKAP-ed Legal, PLLC, became an Assistant State Attorney for the Seventeenth Judicial Circuit. While working for the government, Krysten handled misdemeanor cases including: DUI, battery, stalking, possession of cannabis, criminal mischief, and driving offenses; as well as felony level crimes including: burglary, aggravated assault, possession of a firearm by a convicted felon, aggravated battery with a deadly weapon, armed trespassing, felony DUI, and leaving the scene of an accident with serious bodily injury. READ MORE >>