When a defendant has been convicted and has exhausted all direct appeals, all hope may seem lost. However, legal remedies still exist, especially if the law has changed after the conviction or if the defendant’s trial or appellate attorney provided ineffective assistance. In such cases, post-conviction relief may be available.
What Is Post-Conviction Relief?
Post-conviction relief (also known as collateral relief) provides defendants an opportunity to challenge their conviction or sentence based on factors not raised during the original trial or direct appeal. These challenges are typically based on:
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Ineffective assistance of trial or appellate counsel
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A significant change in the law affecting the conviction
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Newly discovered evidence
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Constitutional violations
If successful, the defendant may be granted a new trial or even released from custody.
Florida Post-Conviction Relief: Rule 3.850
In the State of Florida, post-conviction relief is typically pursued under Florida Rule of Criminal Procedure 3.850. This rule allows defendants to challenge their convictions within two years of:
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The date their judgment and sentence become final, or
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A relevant change in Florida or federal law that could affect their rights.
Missing this deadline could result in a procedural default, which can bar further legal action, even if the underlying claim has merit.
Federal Habeas Corpus Relief: Sections 2254 and 2255
In federal court, post-conviction relief is governed by the Antiterrorism and Effective Death Penalty Act (AEDPA). Under this statute:
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A Section 2254 petition is used when a federal court reviews a state court conviction.
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A Section 2255 motion is used to challenge federal convictions.
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The statute imposes a one-year deadline from the date the conviction becomes final, adding another layer of urgency and complexity.
Key Legal Strategies: Ineffective Counsel and Equitable Tolling
Mr. Michael B. Cohen, a Fort Lauderdale-based post-conviction attorney, is currently handling a Section 2254 case in the Northern District of Florida. In this case, the defendant’s trial lawyer missed the state’s two-year deadline to file for relief. However, citing Martinez v. Ryan, 566 U.S. 1 (2012), Mr. Cohen argues that procedural default should not bar the court from hearing the case, because the defendant had no effective counsel during the initial collateral proceeding.
Mr. Cohen also raises the doctrine of equitable tolling, which allows courts to extend the statute of limitations if a lawyer’s ineffective representation caused the delay.
Why You Need a Skilled Post-Conviction Attorney
Navigating the complexities of post-conviction and habeas corpus law requires both experience and strategic expertise. The statutes of limitation, procedural rules, and burden of proof are unforgiving. A minor misstep can result in a lifetime of consequences.
Contact Fort Lauderdale Post-Conviction Attorney Michael B. Cohen
If you or a loved one is seeking a second chance after a conviction, contact the Law Offices of Michael B. Cohen today. With over 49 years of experience handling post-conviction relief and habeas corpus cases in Florida and across the United States, Mr. Cohen has the knowledge and dedication to fight for your rights.
Office Location:
6400 North Andrews Avenue, Suite 505
Fort Lauderdale, FL 33309
(Between Miami-Dade and Palm Beach Counties)
Call today to schedule a consultation and explore your options for post-conviction relief.