Sarasota, FL asked in Criminal Law for Florida

Q: Is their a timeframe I have to file a post conviction relief motion once my case ends?

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: To preserve your federal rights you must make a properly filed claim within 1 year of your case becoming final. Your State claim must be filed within 2 years of becoming final. The rules for calculating finality differ between the State and federal systems. Generally, finality doesn’t happen while the appeal is pending, plus the time for filing a cert petition to the US Supreme Court. There are exceptions for claims based on newly discovered facts and retroactive changes in law. The foregoing is only a brief summary. Your specific situation must be analyzed by a post conviction relief specialist for an individual assessment.

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