Q: How common is it to file a 3.850 motion? Does anyone know how most turn out? should I be looking for an attorney who deals mostly in appeals, or an special appeals attorney, like persons with life sentences. There must be attorneys who deal More with these types ?
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/how-common-is-it-to-file-a-3-850-motion–does-anyo-2042656.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
Answered . Every 3.850 motion is unique.
Further, Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney’s Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables (“free radicals” if you will) all of which combine to make it impossible to predict what will happen in a given case.
The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the record of the trial proceedings and whatever evidence that you may provide and then offer an informed opinion.
Further, yours is not a criminal defense question; it is a post-conviction / appeals question, and if you want to increase your odds at getting a competent answer then you should re-post this question and list “criminal appeals” or “post-conviction” or “3.850” or “ineffective assistance of counsel” as a practice area / tag but NOT “criminal defense” as a practice area.
I hope that I have been helpful in answering your question.
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