What happens after a 3.850 Motion is filed?
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Q: What happens after a 3.850 Motion is filed?
A: If the Motion is found to be “legally insufficient,” it will immediately be denied. If it appears legally sufficient, the court directs the State to file a response that addresses the defendant’s claims. The court may then determine whether to grant or deny the Motion based on the Motion itself and the State’s response, or the court may decide to set the Motion for an evidentiary hearing. At the hearing, the court determines whether the defendant’s allegations have merit. The trial attorney and the defendant will likely testify. If the court agrees with the defendant, it will likely vacate the judgment or sentence. If the court denies the 3.850 Motion, the defendant may appeal the decision.
Contact our St Petersburg based criminal defense firm to handle all aspects of your appeal and 3.850 motion to vacate plea. Knowledge of post-conviction relief motions and procedures is what our lawyers have studied and learned to assist our clients. Florida laws and criminal procedures are already stacked against you. Contact your St. Petersburg criminal defense law firm for a free consultation and to learn how we can assist you with appeals and post-conviction relief motions.