Tampa Case Appeals Stand Your Ground Law

- February 4, 2013

How can I become familiar with cases like mine? Tampa Case to Appeal Stand Your Ground Law Posted on February 4, 2013 The Florida “Stand Your Ground” law and defense is set for another appeal to the 2nd District Court of Appeals.  … Continue reading


St. Petersburg Man Confesses Giving False Murder Tip

- April 4, 2012

How can I become familiar with cases like mine? St. Petersburg Man Confesses Giving False Murder Tip Posted on April 4, 2012 Six years ago, Axley Blanton told the police, while  he was detained at the Pinellas County jail, that he had … Continue reading


Am I required to attend the hearing on my 3.850 Motion?

- July 25, 2011

No, Florida Rule of Criminal Procedure 3.850(e) specifically states that the defendant is not required to be present at the hearing. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading


The deadline for filing my 3.850 Motion has passed. Is there any way for me to get relief from my judgment/sentence?

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There may be if one of the exceptions under Florida Rule of Criminal Procedure applies, such as the facts the Motion are based on were previously unknown and could not have been known upon exercising due diligence, or the defendant hired an attorney to file the Motion but the attorney neglected in doing so. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading


What’s the deadline for filing a 3.850 Motion?

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There is no time limit for filing a motion to vacate a sentence that exceeds legal limits. Generally, all other 3.850 Motions must be filed within 2 years after the final judgment or sentence in a non-capital case and within 1 year after the final judgment or sentence in a capital case where a death sentence has been imposed, subject to certain exceptions. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading


What is a 3.850 Motion?

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3.850 refers to Florida Rule of Criminal Procedure 3.850 which addresses Motions to Vacate, Set Aside, or Correct a Sentence. The 3.850 Motion challenges a judgment or sentence entered against a defendant on certain grounds; for example, the plea entered into was involuntary or the court did not have jurisdiction. 3.850 Motions are often based on ineffective assistance of counsel. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading


What happens after a 3.850 Motion is filed?

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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.  – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading


What can I do if my 3.850 motion was denied without a hearing?

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If judge denied your 3.85 motion without a hearing then you have two options: 1. File a motion for reconsideration or rehearing. 2. Appeal the denial of the motion without a hearing. In order to appeal a 3.850 motion that was denied, you must comply with the very complex rules of the appeals courts.  There are timelines and legal arguments that are required when you appeal any case.  An experienced appeals attorney is the best way to approach an appeal.  Few attorneys in the Tampa Bay Area have comparable credentials to  attorney Kelly Rooth .  If you need to appeal the denial of your 3.850 motion you should contact Kelly Rooth immediately.  Your Florida appeals lawyers with the Rooth Law Group have the experience and knowledge to fight your battle.  Don’t miss your court deadlines, call today for a free consultation.  We appeal cases throughout the State of Florida.  (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading


When is the Initial Brief due in a criminal appeal?

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The Initial Brief must be filed within 80 days of filing the notice of appeal.  – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading


When is an Error in Jury Instructions Grounds for Appeal?

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An erroneous jury instruction is fundamentally erroneous only if it relates to a disputed issue at trial and a guilty verdict could not have been reached without the erroneous instruction. If you have questions about your criminal appeal, call Rooth Law Group today for a free consultation, (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading


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