Motion for New Trial / Postconviction Relief (FL Rule of Crim. Pro. 3.850 and 3.851)

Description

Motion for New Trial / Postconviction Relief

Florida Rule of Criminal Procedure 3.850 and 3.851

A criminal conviction in Florida does not always end the legal process. Florida Rules of Criminal Procedure 3.850 and 3.851 allow individuals to seek postconviction relief when constitutional violations, legal errors, or newly discovered evidence undermine the validity of the conviction or sentence. These motions are the primary tools used to request a new trial, vacate a conviction, or challenge an unlawful sentence.

This service provides a custom-prepared Motion for New Trial or Postconviction Relief drafted under Florida Rule 3.850 or 3.851, based on the facts and procedural history of your case. Each motion is individually prepared and tailored to the applicable rule, legal grounds, and relief sought. This is not a template or automated filing.

Understanding Florida Rules 3.850 and 3.851

Rule 3.850 – Postconviction Relief (Non-Death Penalty Cases)
Rule 3.850 applies to most Florida criminal cases and allows a defendant to challenge a conviction or sentence after judgment becomes final. Common grounds include:

• Ineffective assistance of trial or appellate counsel

• Constitutional violations affecting the trial or plea

• Newly discovered evidence that could change the outcome

• An involuntary or unlawful plea

• Sentencing errors or illegal sentences

Rule 3.851 – Postconviction Relief (Death Penalty Cases)
Rule 3.851 applies specifically to capital cases and provides a structured process for raising postconviction claims after a death sentence. These motions often involve constitutional violations, ineffective assistance of counsel, newly discovered evidence, or sentencing-phase errors.

Your motion will be prepared under the rule that applies to your case and will clearly explain the legal basis for relief under Florida law.

What’s Included

• Custom Motion for New Trial or Postconviction Relief prepared under Florida Rule 3.850 or 3.851

• Supporting memorandum explaining the factual and legal grounds for relief

• Filing and service instructions for Florida courts

Preparation Time and Delivery

Documents are prepared after receipt of payment and all required case information.
Completed filings are delivered by email within seven (7) business days.
Printed copies may be requested for an additional fee.

Compliance Notice

This service provides legal document preparation and legal research support only.
We are not attorneys and do not provide legal advice or legal representation.
No attorney-client relationship is created by the purchase of this service.
Court outcomes are not guaranteed and depend on the facts of the case, applicable law, and judicial discretion.

By purchasing this product, you acknowledge that you are responsible for filing the documents with the court and complying with all applicable deadlines, procedural rules, and service requirements.

This service is intended for individuals seeking postconviction relief in Florida state courts. Each motion is prepared based on the unique facts, conviction history, and legal issues involved in your case.