Orlando Post-Conviction Relief Lawyer
The Constitution guarantees all criminal defendants fair trials. But many times, there is a gap between what the law guarantees and what actually happens. For example, trial are only fair if the judge is competent and completely impartial, prosecutors play by the rules from beginning to end, and the defendant has a good lawyer. If any one of these three things is absent, the trial was probably unfair, and the defendant may be eligible for post-conviction relief.
Diligent Orlando post-conviction relief lawyers at the O’Mara Law Group work hard for you, both before and after the trial. Just because the judge’s gavel fell, we do not stop fighting for you. If the trial went the other way, and there is a way to change that result, we will find it and we will advocate for you through the appeals system, if need be. Our tireless legal team is always there for you.
Types of Post-Conviction Relief in Florida
This broad umbrella term covers a wide range of activities. At the O’Mara Law Group, we routinely handle all these types of matters, as opposed to just one or two. Some of the more common forms of post-conviction relief include:
- Apprendi Motions: In 2000’s Apprendi v. New Jersey, the Supreme Court ruled that, if the state alleges aggravating factors, it must prove them beyond a reasonable doubt. That category includes things like hate crimes or special possession offenses.
- Plea Changes: Many attorneys pressure their clients into taking plea deals, and the client does not fully understand all the ramifications of that plea. If that’s the case, a new attorney may be able to undo the plea agreements and give these defendants the trials which were essentially stolen from them.
- Writs of Prohibition: In some cases, an appeals court may prohibit a lower court from exercising its judicial power. These writs are especially common when the lower court has no legal jurisdiction to hear the case.
- Motion for New Trial: If the judge committed a legal error during the trial, such as giving the jury the wrong instructions or an incorrect ruling on an objection, the defendant may be entitled to a do-over trial before the case even goes through the appeals process.
- Resentencing Measures: If the judge handed down an illegal or excessive sentence, Florida Rule of Appellate Procedure 9.140 gives an attorney a chance to challenge the sentence and modify it in accordance with the law.
Other common post-conviction remedies include writs of mandamus, criminal appeals, and writs of certiorari.
Typically, the defendant has the burden of proof in these claims. That’s a reversal from the trial itself, because in that situation, the prosecutor has the burden of proof. So, to prevail on a post-conviction motion, the defendant must have substantial evidence that the trial was unfair in some way.
If the defendant prevails, the remedy usually matches the wrong. For example, if the judge gave the wrong jury instructions, there must be another trial and the judge must instruct the jury exactly as the appeals court dictated.
Reach Out to Aggressive Attorneys
An adverse result at trial may be reversible later. For a free consultation with an experienced criminal defense lawyer in Orlando, contact the O’Mara Law Group. We routinely handle matters in Orange County and nearby jurisdictions.