West Palm Beach Criminal Appeals Lawyer

West Palm Beach, FL Criminal Appeals Attorney

Motion for Post Conviction Relief in Florida

If you were convicted and sentenced after a plea or trial while represented by a criminal defense attorney you are dissatisfied with, you may be entitled to relief under Florida Rules of Criminal Procedure 3.850 or 3.800. Importantly established in this doctrine, if a West Palm Beach criminal defense lawyer failed to defend a case within the standards required under Florida law, the judge can vacate your judgment and sentence because counsel was deemed to be ineffective.

Examples of such ineffective 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
• Providing misinformation about your case or the consequences of you entering a plea of guilt

Motions for post-conviction relief often represent the last avenue of relief for defendants in Florida courts. Post-conviction issues are 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 would have been different if counsel had not been ineffective. Be alert that post-conviction motions are also time-sensitive – they must be filed within 2 years of the judgment in the case becoming final.

Attorney Nellie L. King works one-on-one with her clients to develop a simultaneously aggressive and compassionate defense. Particularly in the arena of appeals, Attorney King believes in her clients’ rights to a second chance. She will have your best interests in mind and frame an empathetic and compelling case around your story that deserves to be heard by the court.

Motions for Appeals

A criminal case does not have to end at a guilty verdict or a guilty plea. If you have been convicted and sentenced due to a criminal charge, you have the right to appeal your case to a higher court for review. The appellate process may present opportunities to have your sentence reduced or the case reversed if there was error at the trial level. However, note that 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 fail to comport with state and federal law. She handles appeals throughout the State of Florida and can review your case to determine if you have sufficient grounds for an appeal. When necessary, Attorney King may 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 original 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. Further, Ms. King can also help file a Motion for Supersedeas Bond, which seeks to secure the release of a defendant from custody pending the litigation of the appeal.

Motions to Modify or Mitigate Sentences

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 might 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
• 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 omitted from the initial sentencing presentation are brought to light. You only have 60 days post-judgment to file a motion to modify sentence, however, so it is important you work fast to seek legal guidance. Contact the Law Offices of Nellie L. King, P.A. today if you need assistance 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 of a motion for directed verdict at the time of trial.

Whether you need legal counsel as you seek post-conviction relief, motions for appeals, modifications or mitigation to a sentence, or motions for new trial, Attorney Nellie L. King can help build a strong and aggressive defense for your case. She makes it a priority to hear her client’s side of the story and frame a tenacious and compassionate defense around the facts of their specific situation. There is no “one size fits all” solution to any criminal case, especially in the area of post-conviction appeals. As a result, Attorney King makes sure to develop a unique and personalized strategy for each of her clients, and you can rest assured that she has your best interests in mind as she fights for your rights – and your reputation.