Florida Bar Certified Criminal Appellate Lawyer
Michael Ufferman is board certified in criminal appellate law and considered an expert in criminal appeals.
Florida Postconviction Relief Attorney
Mr. Ufferman handles all types of state postconviction motions, including:
• Florida Rule of Criminal Procedure 3.850 motions. The most common claims in a rule 3.850 motion are ineffective assistance of counsel, newly discovered evidence, and changes in the law.
• Florida Rule of Criminal Procedure 3.800(a) motions. A rule 3.800(a) motion can be filed at any time and the motion challenges an illegal sentence.
• Florida Rule of Criminal Procedure 3.800(c) motions. A rule 3.800(c) motion is a motion requesting the trial court to reduce the sentence that was previously imposed. This motion must be filed within 60 days of the date that the conviction/sentence became final.
• Florida Rule of Criminal Procedure 3.801 motions. A rule 3.801 motion seeks to correct any errors in the awarding of jail credit to which the defendant is entitled.
• Florida Rule of Criminal Procedure 3.802 motions. Rule 3.802 is the rule of procedure that governs juvenile sentencing review hearings (i.e., some juveniles who have been given lengthy prison sentences are eligible for sentencing review hearings after a certain number of years).
• Florida Rule of Criminal Procedure 3.853 motions. A rule 3.853 motion is used to obtain postconviction DNA testing.
• Florida Rule of Appellate Procedure 9.141 petitions. The most common claim in a rule 9.141 petition is ineffective assistance of appellate counsel, but the rule can also be utilized to obtain a belated appeal.
• 28 U.S.C. § 2254 petitions. A § 2254 petition, or a federal habeas petition, is a vehicle that allows a defendant convicted in state court to raise his or her federal constitutional claims in federal court for a second review by a federal judge. All rule 3.850 claims can be raised in a § 2254 petition, and other claims involving federal constitutional claims can also be raised in a § 2254 petition.
If you have questions about any of these postconviction motions, please call the Ufferman Law Firm for a free consultation with a Florida postconviction lawyer.