Being convicted of a crime can be overwhelming. The social, financial, and quality of life impacts of a criminal conviction can follow you for the rest of your life. It’s easy to feel lost after a conviction and to want to give up.

But a conviction doesn’t have to be the end of the road for you in your criminal case. At Panella Law firm, we can file several types of post-conviction motions on your behalf. These motions can help reduce your sentence or get a hearing from a judge to vacate your conviction. We understand that you are already dealing with the consequences of your conviction, and we want to give you the peace of mind that we are working hard to improve your legal situation.

What is a Post-Conviction Motion?

Post-conviction motions are not the same as appeals. It is a separate process that often starts after an initial appeal is denied. Post-conviction motions raise questions to the judge to get a sentence reduction or a conviction vacated based on specific aspects of Florida Rules of Criminal Procedure. Our post-convictions motions team is dedicated to filing the proper motions for you at the right time to get you relief from your conviction and sentence.

Sentence Reduction Based on Error

One of the reasons to never give up following a conviction is that mistakes do happen. Even judges make errors in sentencing, but you pay the price unless you have Orlando post-conviction lawyers to help you find that error and correct it.

Florida Rules of Criminal Procedure 3.800 (b) allow us to point out mistakes like a sentence that isn’t permitted under the law or an incorrect credit for jail time already served. As part of your post-conviction defense, our attorneys will scrutinize your sentence in great detail to ensure the judge followed the law and isn’t holding you longer than allowed because of a math mistake.

Sentence Reduction Based on Other Factors

Florida Criminal Procedure Rule 3.800 (c) allows us to ask the court to reduce or modify your sentence based on factors other than mistakes in applying the law. We can argue that the judge should have given you a sentence at the lower end of the range if they had that discretion. We can also point out factors such as the effects of your sentence on your family as a reason for the modification.

These motions must be filed within 60 days of your sentencing or appeal, and they are not easy to win. You will have either pled guilty or no-contest or been found guilty at trial. The judge will most likely see you as a criminal just trying to get out of serving your sentence.

At Panella Law Firm, we think the opposite of those judges. Even if you were convicted of a crime, you are still a person who has a life and a family to get back to. We will dig tirelessly and make a solid case to the judge that your sentence reduction would serve justice.

Relief From a Guilty Plea or Conviction

The legal system can be intimidating, and you depend on your attorneys to give you all the information you need and to fight vigorously on your behalf. Unfortunately, that doesn’t always happen. You may have pled guilty to get your case over with or because your counsel didn’t explain all of your options. In such cases, our post-conviction attorneys can file a motion on your behalf to have your guilty plea rescinded or your conviction vacated.

Florida Rule for Criminal Procedure 3.850 provides the means for us to fight on your behalf. We can ask that you be released from custody under Rule 3.850 based on one of six factors, the most common of which are ineffective counsel and the existence of new evidence.

Rule 3.850 motions are complicated, and you must meet a high burden to have a judge grant one. Let our experienced post-conviction motions attorneys at Panella Law Firm take on this battle for you. Call today at (407) 233-1822, so we can start getting your life back.

How Can You Show Ineffective Counsel in a Post-Conviction Motion?

In a case that originated in Florida, the U.S. Supreme Court ruled that defendants must prove two things to win a claim of ineffectiveness of counsel. First, you must show that your original lawyer was deficient in your defense and that the deficiency was so harmful to your defense that you deserve a new trial. You cannot simply claim that your lawyer could have done a better job or that they made some mistakes. Even if you can show the judge that your attorney’s work fell below what could have been reasonably expected, you still have to show that there would have been a different outcome if not for that lawyer.

Our post-conviction team will review every word of your original trial transcript to determine if a lack of proper counsel led to your conviction. Dissecting the work of other attorneys and putting them on notice in court is not our favorite part of our jobs. But if you were convicted because of your attorney, the Panella Law Firm will put the entire weight of our experience and skill behind getting your conviction vacated.

New Evidence

If our Orlando post-conviction lawyer files a Rule 3.850 motion for relief based on new evidence, we will fight to meet both burdens required by the court. First, we will show that the evidence was unknown at the time of the trial, and you and your attorney could not have found that evidence. This is key to winning a new evidence motion, because if the evidence has always existed and your attorney should have found it, the motion likely won’t succeed. A new witness or videotape showing your innocence isn’t enough if your attorney should have found them during your trial.

Post-conviction attorney Michael Panella will help you look for new evidence and prove to the court that it wasn’t available during your trial. Our team of attorneys will also ensure that your motion is filed within two years of discovering new evidence so you can have a chance at post-conviction relief.

Can People File Their Own Motions With the Court?

You can file your own motions for post-conviction relief, but that would be a mistake. There are strict filing deadlines to follow; and if you miss them, a judge won’t hear your motion. It is also an uphill battle to fight for relief after a guilty plea or a conviction.

You are faced with telling the court that it made a mistake, that it should consider other factors, that your lawyer was incompetent or that there is new evidence that didn’t exist before. Judges lean toward upholding convictions and sentencing, and you need a tenacious, detail-oriented post-conviction lawyer to get relief.

Post-Conviction Motions Your Lawyer Can File

There are several ways you can seek relief from the courts following a conviction or a guilty plea. You may believe that your sentence was wrong under the law or that you deserve a new trial because your original counsel was ineffective. You can even file a motion to have the judge reconsider your sentence in light of personal circumstances or other factors.

There are deadlines for filing these motions, and judges are not inclined to give relief to people who were already convicted. You need an experienced, tenacious post-conviction attorney to file your motions on time and, with persuasive arguments, to give the judge a reason to reconsider your sentence or conviction.

What Having a Compassionate Post-Conviction Lawyer Means for You

At the Panella Law Firm, we fight tirelessly on your behalf regardless of whether you are fighting an unjust short sentence or a lengthy prison term. Each person who retains us as their Orlando post-conviction lawyers has their own needs; and when we sit down to review your case, we do it like you are our only client.

Post-conviction attorney Michael Panella went into law because he saw an unjust outcome in a family legal matter. From that day, he became passionate about defending people whose rights had been trampled.

It isn’t unusual to have many questions following a conviction, and you don’t have to answer those questions alone. Our post-conviction motions team will answer your questions and take the time to sit down with your family members. Your conviction affected their lives, too, and we are never too busy to help them understand the process you are going through.

Contact the Panella Law Firm today at (407) 233-1822, so we can get right to work on your post-conviction relief.

Frequently Asked Questions of Our Post-Conviction Team

  • What If My Attorney Didn’t Tell Me About a Plea Offer?

    If your attorney failed to tell you about a potential plea agreement, you should file a motion based on the ineffectiveness of counsel. You must show that you would have accepted the plea and received a reduced sentence.

  • How Do I Know If I Should File a Post-Conviction Motion?

    If you are convicted of a crime, you should immediately hire a post-conviction motions attorney. These motions are complicated and on a strict timeline, and you should not try to decide on your own whether you should file one.

  • Can I Appeal if My Post-Conviction Relief Was Denied?

    You have a right to appeal if your post-conviction relief is denied. Your attorney can lay out the timeline for you to ensure you have another chance to be heard.

  • Can I be Punished for Filing Post-Conviction Motions?

    A judge cannot increase your sentence if you file a motion to have it reduced. If you file a motion to set aside a plea agreement or guilty verdict and it is granted, you may face a new trial and a potentially higher sentence.

    You shouldn’t leave anything to chance when filing post-conviction notices. Think of any questions you may have for your attorney and be prepared to answer detailed questions about your original trial. Contact the post-conviction motions lawyers at the Panella Law Firm to get started on your case immediately.

Exceptional Help for UCF Students

UCF students face a potential double whammy following a criminal conviction. The university’s Golden Rule Student Handbook allows the school to take action for off-campus conduct that breaks the law. UCF’s possible sanctions can range from a warning to expulsion from school without the ability to graduate or re-enroll.

Post-conviction attorney Michael Panella graduated from UCF with honors and understands that your future is at stake in criminal proceedings. The Panella Law Firm offers a 25% discount for UCF students who need our help with post-conviction motions.

What Happens After My Post-Conviction Lawyer Files a Motion?

A judge can deny your motions or tell the prosecuting attorney that they have to respond to the claims made in your motion. After getting the state’s response, the judge can grant or deny your motion or order an evidentiary hearing. You should be prepared to testify, even though you don’t have to. You can present your new evidence or evidence of ineffective counsel and call other witnesses to support your claims. If the judge grants your motion, they can vacate your conviction and sentence.

If you lose your motion, you have not given up your right to use the state and federal appeals processes to continue to fight your case. Our appellate attorneys at the Panella Law Firm are ready to fight and take your case as far as it needs to go to get you the relief you deserve.

Why Choose Michael Panella as Your Orlando Post-Conviction Lawyer?

Attorney Michael Panella was awarded the Avvo Client Choice Award four years running, because of his commitment to his clients and getting the results they need and deserve. People often blame their lawyers for their legal troubles, but time after time, Mike’s clients leave five-star reviews of his work.

“Trust me, you want this guy. Smart, confident, tenacious, and motivated.” – Client review

Because he works so hard for his clients and gets great results, even Michael Panella’s peers and potential competition for clients point out his dedication to doing absolutely everything he can on your behalf.

“Michael is a real bulldog. He will fight on your behalf as if his life depended on it.” – Peer review

To Get Post-Conviction Relief, Call Panella Law Firm

After a conviction, you and your loved ones need and deserve time to think only about yourselves and your situation. It isn’t the time to give up hope, but rather to put your faith in experienced, compassionate Orlando post-conviction lawyer Michael Panella.

Let our lawyers worry about which motions to file and make sure they meet deadlines to get your case back in front of a judge. We will use every means available to reduce your sentence or get you back to your life by getting your conviction vacated. If the prosecuting attorney decides to try you again, you can count on us to remain on your side.

Give yourself hope for the future by contacting Orlando post-conviction lawyer Michael Panella today at (407) 233-1822.

Attorney Mike Panella

For Mike Panella, the concept of zealous advocacy developed at an early age – fueled by what he perceived to be an unjust resolution in a personal family legal matter. Mr. Panella would later attribute his passion to defend the rights of those who stand accused to those inequities in the legal system he observed, and considered unjust. Before opening Panella Law Firm, Mr. Panella served as an Assistant Public Defender for Florida’s 18th Judicial Circuit Public Defender’s Office and worked hundreds of cases in both Brevard and Seminole Counties. Mr. Panella was undefeated at trial. [ Attorney Bio ]

Contact Attorney Michael Panella

Need a criminal defense service? Turn to Panella Law Firm and contact us today with your question.

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