Postconviction/3.850 Hearings

Florida Post Conviction Lawyer – West Palm Beach Post Conviction Lawyer

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

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 561-883-1084, available 24 hours a day, or fill out a form on the side of this page, if you need assistance in filing a postconviction claim in Florida.