(DOWNLOAD) "Advice to the Criminal Bar: Preparing Effectively for Allegations of Ineffectiveness" by Florida Bar Journal ~ eBook PDF Kindle ePub Free
eBook details
- Title: Advice to the Criminal Bar: Preparing Effectively for Allegations of Ineffectiveness
- Author : Florida Bar Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Florida Rule of Criminal Procedure 3.850 affords a person who has been tried and found guilty or who pleaded guilty or nolo contendere an opportunity to challenge his or her judgment and sentence and obtain post-conviction relief. (1) The 13th Circuit is the only circuit in Florida to have a criminal division devoted entirely to the handling of Rule 3.850 motions. At its inception in April 2006, the 3.850 division inherited a backlog of motions from nearly 400 defendants. By the close of 2007, approximately 800 more defendants had filed motions. Statewide, the number of these motions is staggering, and, more often than not, such motions raise allegations of ineffective assistance of counsel. As the judge who presides over this division and hears myriad claims of what counsel did or did not do, I can offer you this: Don't take it personally. Consider the possibility of being the subject of such a motion to be a cost of doing business. Like paying your office lease or purchasing pens, being the subject of a 3.850 motion is almost inevitable at some point in your career. As such, I offer you a basic understanding of Rule 3.850 motions, along with some suggestions on how to prepare for their common allegations, thereby limiting your exposure to a finding of ineffectiveness.