Legal Question in Criminal Law in Florida

How do I file for motion 3.850 , on my daughters behalf.


Asked on 10/16/09, 12:52 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

First, get a lawyer. Seriously. I'm not trying to be rude here, but this is a pretty important motion, and you don't even know how to file it? Isn't her freedom or future worth more than that?

Okay, lecture aside. Filing it is easy. Just send the original to the clerk in the county in which she was convicted and send a copy to the prosecutor. You should also send a copy to the judge, but the clerk is supposed to do that. Don't trust the clerk to do that, though. They're good at their jobs, but sometimes things get lost.

Eventually, the judge will either deny the motion or ask the prosecutor to respond. Until then, you just have to wait.

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Answered on 10/16/09, 6:04 pm


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