Pursuing Post-Conviction Relief On Your Behalf
Post-conviction relief generally usually refers to measures taken to correct an error which may have denied a client a fair trial, or it is based on newly discovered evidence. It can also arise form inadequate or improper representation at the trial level, commonly referred to as ineffective assistance of counsel. It generally occurs after all regular appeals have been filed and the conviction is finalized. Usually time is of the essence, and undue delay can be detrimental to relief.
A post-conviction relief lawyer must have a strong understanding of the processes associated with post-conviction relief proceedings. Attorney Russell Spatz has experience on both sides of the aisle — as both prosecutor and now criminal defense attorney in Miami — and knows how to conduct effective investigations in the often short amount of time allotted for post-conviction relief proceedings. He will put his decades of experience to work for you.
What Are Grounds For Post-Conviction Relief?
There are several situations that may prompt the need for post-conviction relief efforts, including the filing of a motion to vacate conviction. In Florida, they include but are not limited to:
- The judgment violated state or federal laws.
- A sentence was more severe than the law allows.
- The court that oversaw the case did not have jurisdiction to impose judgment or sentencing.
- The defendant’s plea was entered involuntarily.
- Ineffective assistance of counsel
- Newly discovered evidence
In every situation, it is extremely important to act quickly, which is where the Spatz Law Firm, PL, can help. In more than 40 years, attorney Russell Spatz has served as a division chief, assistant state attorney and adjunct professor of criminal law. He commits himself completely to each client he takes on and strives to find the best resolution for his or her unique circumstances.