When Can Post-Conviction Relief Be Sought in Florida?

The American Bar Association outlines some situations where post-conviction relief might be sought in the same court where a person was charged for a crime. Unlike the appeals process, where the case is brought before a different court, post-conviction relief will take your case to the same court where you were tried. If you are not sure whether you should appeal your case or seek post-conviction relief, consider reaching out to Trevena, Pontrello and Associates, post-conviction relief attorneys in Pinellas County Florida. Our firm can review your case and help you understand the next steps. Here are some situations where post-conviction relief might be a remedy for your case:

• If your sentence was in violation of the Constitution, you may be able to seek post-conviction relief.
• If your conviction was made under a law that is believed to be in violation of the Constitution, you may have the right to seek post-conviction relief.
• If your lawyer believes that you were tried in a court without proper jurisdiction over your case, you may also have the right to seek post-conviction relief, or ask that the case be moved to an appropriate jurisdiction.
• If your sentencing exceeded maximum sentencing guidelines provided by the law, you may also have the right to seek post-conviction relief.
• If new evidence has come to light that could exonerate you, you may be able to pursue post-conviction relief.
• If the law has changed significantly since your trial, you may also be able to seek post-conviction relief. One example of this might be a person who is found guilty and charged with marijuana possession one week before a state legalizes marijuana.
• If you have already served your time in jail while waiting for your trial, but are still being held in jail, your post-conviction relief attorney may be able to ask the court for your release.

These are just some scenarios where post-conviction relief may be possible. Because the reasons why a person might seek post-conviction relief can overlap with the reasons why a person might seek an appeal, it is wise to consult with a post-conviction relief law firm like Trevena, Pontrello and Associates. Our firm can review your case and help you understand what remedies might be available to you.