Appeals / Ineffective Assistance of Counsel / Motion to Withdraw Plea / Time to Appeal / Motion to Vacate / Judgment / Sentence / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    How long do you have to file a motion for being misrepresented?  Sentenced and found guilty, felony , lawyer didn’t show up for final sentencing.. New lawyer said he’s filing a motion for mis representation .. I have been told he only has 30 days to file that motion, today is the 30th day no motion has been filed I called the clerk of courts..

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Answered 11 months ago. If there is legal cause to do so then you can file a motion to withdraw your plea under Rule 3.170. This motion must be filed within 30 days of your sentence. However, if you are beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then you can file a motion to vacate the judgment and sentence under Rule 3.850. In this case you have 2 years from the day that the sentence became “final” in which to file.

I hope that this has been helpful and wish him the best of luck!

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