Appeals

 

Attorney Nellie L. King Celebrates with Client Kyle Benson and His Family After King’s Successful Post Conviction Litigation Resulted in Kyle’s Release from Florida State Prison

My husband and I hired Nellie King to represent our son for his post-conviction release case five years ago. It’s extremely difficult to be granted a post-conviction release, and it can take years to reach this goal. We are delighted beyond belief to be able to say that Nellie is the reason our son is home with us today. After serving 6 years in prison (the first 3 being pre-Nellie), he was released from an unjust sentence of 25 years, thanks to Nellie’s expertise. She spent an enormous amount of time combing through his case, leaving no stone unturned. Because of her attention to detail, her impressive knowledge of the law, and her desire and drive to “right the wrong” that had been forced upon us by the system, our family is now reunited. Nellie accepted this challenge, represented our son fiercely in her trademark “pit bull” style and won a landmark case in our county. Top-notch, caring and highly respected are the qualities that come to mind when I think of Nellie King. Our family owes her a lifetime of gratitude. My only regret is that we didn’t find her sooner.  – Brenda Benson

 

Florida Post Conviction Lawyer – West Palm Beach Post Conviction Lawyer

If you were represented by a criminal defense lawyer with whom you are dissatisfied, and you were  convicted and sentenced after a plea or trial while represented by this attorney, you may be entitled to relief under Florida Rules of Criminal Procedure 3.850 or 3.800.  Importantly, if a criminal defense lawyer failed to defend a case within the standards required under Florida law, the judge can vacate your judgment and sentence if counsel was deemed to be ineffective. Examples of ineffective assistance of counsel include: failing to investigate your case, failing to call essential witnesses, failing to properly cross-examine witnesses, failing to make significant objections, failing to request applicable jury instructions and raise applicable defenses, failing to communicate plea offers rendered by the state prior to trial, or providing affirmative misadvice about your case or the consequences of you entering a plea of guilt.

Motions for postconviction relief often represent the last avenue of relief for defendants in Florida courts. Postconviction issues are also complex, requiring an in-depth review of the work done by previous counsel, as well as the development of a sound legal strategy designed to effectively demonstrate to the trial court that the verdict result would have been different if trial counsel had not been ineffective.  Postconviction motions are also time sensitive – they must be filed within 2 years of the judgment in the case becoming final.

Nellie King has handled numerous motions for postconviction relief in various courtrooms throughout the state of Florida, approaching these cases thoroughly and objectively.   Contact Nellie L. King, P.A. at 561-833-1084, available 24 hours a day, or fill out a form on the side of this page to schedule your free initial consultation, if you need assistance in filing a post-conviction claim in Florida.

Florida Criminal Appeals Lawyer – West Palm Beach Criminal Appeals Lawyer 

A criminal case does not have to end at a guilty verdict or a guilty plea.  If you have been convicted and sentenced as a result of a criminal charge, you have the right to appeal your case to a higher court for review.  In fact, the appellate process may present opportunities to have the sentence reduced or the case reversed if there was error at the trial level.  However, a guilty verdict alone does not constitute grounds for an appeal.  In order to appeal a conviction, you must first have legal grounds to support your position that you did not receive a fair trial.  Attorney Nellie L. King has experience with the Florida criminal appeals process and is thoroughly committed to helping her clients in their efforts to seek justice when the rulings in the trial court below failed to comport with state and federal law.

Nellie L. King handles appeals throughout the State of Florida and can review your case to determine if you have sufficient grounds for an appeal.  When necessary, Ms. King will consult with forensic specialists, DNA experts, and other professionals in order to mount a challenge to how the evidence was handled or tested in your case.  It is important to note that appeals are extremely time sensitive and must be filed within 30 days of the sentence and judgment being imposed.

Ms. King can also help in filing a Motion for Supersedeas Bond, which is a motion seeking to secure the release of a defendant from custody pending the litigation of the appeal.

If you or a loved one has been found guilty of a crime, or has pled guilty to a crime, and you want to pursue an appeal, contact Nellie L. King, P.A. at 561-833-1084, available 24 hours a day, or fill out a form on the side of this page to schedule your free initial consultation.

Motions to Modify or Mitigate Sentences   

West Palm Beach Mitigation Lawyer – Florida Mitigation Lawyer

In Florida, a person convicted of a criminal offense and subsequently sentenced to prison, jail, community control, or probation may file a motion to mitigate his or her sentence for a variety of reasons.  Examples of reasons to mitigate a sentence include: sentencing considerations that the court was not presented with during the initial sentencing, such as a person’s mental illness and need for treatment, a defendant’s history of childhood abuse or mistreatment, the physical health of the defendant or a member of the defendant’s family, the rehabilitation of the defendant post-arrest, the defendant’s contributions to the community, and a defendant’s sincere remorse for their actions.  Sometimes a judge will reconsider the sentence imposed, especially if important aspects of the defendant’s life history are omitted from the initial sentencing presentation.  In order to modify a sentence once imposed, however, you only have 60 days post-judgment to file a motion to modify sentence.  Contact Nellie L. King, P.A. at 561-833-1084, available 24 hours a day, or fill out a form on the side of this page to schedule your free initial consultation, if you need assistance in filing a motion for modification or mitigation of sentence.

Motions for New Trial

If you or your loved one has been convicted after a trial, you can file a motion for a new trial within 10 days of the verdict. The grounds for this motion mirror the process by which you argue for a motion for directed verdict at the time of trial. If you seek an attorney to file a motion for new trial, contact Nellie L. King, P.A. at 561-833-1084, available 24 hours a day, or fill out a form on the side of this page to schedule your free initial consultation.