Legal Question in Criminal Law in Florida
I would like to know what a legal term means/and how to apply it
My son is in prison now for a crime he did not commit.He was wrongly charged with arson to a dwelling,three counts.The charges were dismissed because the state failed to bring him to trial before speedy expired.But he was on probation and his probation was revoked and he was sent to prison for 30 years.We are now in two appeals,one the state filed on the decission to dismiss charges,one we filed on the decission to revoke probation and send him to prison.Now he is writting me and asking me about something he hears about called"3.850 post conviction relief hearing" he wants to know what it is and how or if it could be applied to his case.Could you please explain this to us.Thanks so much.Sandi.
1 Answer from Attorneys
Re: I would like to know what a legal term means/and how to apply it
A 3.850 motion is a motion to vacate set aside or correct a sentence. The motions must be grounded in these terms:A person convicted and sentenced whether custodial or non custodial under sentence of a court of law in Florida, claiming the right to be relieved of judgement or released from custody on the grounds that the judgement was entered or that the sentence was imposed in violation of the Constitution or the laws of the United States, or the state of Florida, that the court was without jurisdiction to enter the judgement or to impose the sentence, that the sentence was in excess of the maximum authorized by law, that the plea was given involuntarily, or that the judgement or sentence is otherwise subject ot collateral attack may move, in the court that entered the judgement or imposed the sentenceto vacate, set aside or correct the judgement of sentence. The motion must be filed within TWO years after the judgement/sentence become final in a NON-CAPITAL case and ONE year after a capital case. This is just a mere glimpse of what a 3.80 motion is all about. To really get more info, and understand what is all about I urge to contact a competent criminal defense attorney, as you son's liberty is in serious risk. GOOD LUCK, hope this helps...
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