Were you wrongfully convicted? Did your lawyer fail to do their job? Was a loved one railroaded by an overzealous prosecutor? A conviction doesn't mean the fight is over. At Seidlich Law, we take post-conviction cases because we know stronger advocacy is needed to make sure justice is restored.
We represent clients across Florida, including Hillsborough, Orange, Panama City, Marion, Volusia, Pinellas, and Tampa, fighting to overturn wrongful convictions through direct appeals and Rule 3.850 motions.
These cases move on strict clocks. Wait too long, and the door closes for good, no matter how strong your case is. If you believe an injustice happened in your case, the time to act is now.
The system doesn't make it easy to challenge a conviction, and it isn't supposed to be easy. That's exactly why you need an advocate who won't back down.
The clock starts running at sentencing, not when you finally track down the right attorney. Every day you wait is a day closer to losing your shot at relief for good.
A weak or poorly argued motion can get thrown out before a judge ever looks at the substance of your case. You need it built right the first time, by someone who knows how to fight for it.
If the trial court got it wrong, whether that's evidence that should never have come in, jury instructions that stacked the deck against you, or a sentence that broke the rules, you have the right to fight back. Under Fla. R. App. P. 9.140(b)(3), a notice of appeal generally must be filed within 30 days of sentencing. This deadline is jurisdictional. Miss it, and the right to a direct appeal is gone.
Sometimes the system fails you before you ever had a real chance, at the hands of the person who was supposed to fight for you. A Rule 3.850 motion is how you hold that failure accountable and ask the court to vacate, set aside, or correct a wrongful judgment or sentence, even after a direct appeal is no longer available.
Florida law recognizes several specific grounds:
Most Rule 3.850 claims must be filed within 2 years of your judgment and sentence becoming final. Once that window closes, Florida courts generally will not consider the claim, no matter how strong it is.
There is a narrow exception for newly discovered evidence: if the facts truly could not have been found earlier through due diligence, you have 2 years from when those facts were, or reasonably could have been, discovered. Florida courts apply this exception strictly. Waiting to investigate, or not realizing you had a claim, does not restart the clock. Illegal sentence claims are the one exception with no deadline at all.
These deadlines don't bend for good intentions. The sooner your case is reviewed, the more options are still on the table, and the better your fight will be.
Already completed your sentence and have no standing conviction? This page covers cases where a conviction still stands. See our record sealing and expungement page instead.
Miss the 30-day appeal window or the 2-year Rule 3.850 window, and that path to relief closes permanently. There is generally no extension for simply running out of time, which is exactly why waiting is the biggest risk in a post-conviction case.
Seidlich Law brings a strategic, results focused approach to post-conviction cases across Florida, with clear communication, personalized guidance, and the experience to handle both straightforward and deeply complex cases. We don't take these cases lightly, and we don't back down from a fight worth having.
Whether your case is straightforward or complicated, you deserve guidance that makes sure your appeal and post-conviction deadlines, like the 30-day appeal window and the 2-year window for most Rule 3.850 claims, don't pass before your options are ever reviewed.
How long do I have to appeal a Florida conviction?
30 days from sentencing under Fla. R. App. P. 9.140(b)(3).
How long do I have to file a Rule 3.850 motion?
Generally 2 years from when your judgment and sentence become final. A narrow exception exists for newly discovered evidence, and there's no deadline at all for an illegal sentence claim.
Is post conviction relief the same as expungement?
No. Expungement applies when there's no standing conviction. Post-conviction relief (direct appeals and Rule 3.850 motions) applies when the conviction stands. See our record sealing and expungement page.
Do you handle related criminal matters?
Yes. Beyond post conviction relief, we handle domestic violence, DUI/DWI defense, drug crimes, assault and battery, violent crimes, theft crimes, white collar crimes, juvenile crimes, and sex crimes.
If you believe an injustice happened in your case, don't wait for the door to close. These deadlines are strict and the exceptions are narrow. Contact Seidlich Law today for a free, confidential consultation, and let's fight for the outcome you deserve.
