After a case is over, the trial court is still the place where a surprising amount of relief lives. Motions for postconviction relief and the simpler writs let a court revisit a conviction or a detention on grounds that a direct appeal cannot reach, and they are handled in the trial court rather than through a long brief to an appellate court. That is the work I take on directly.
It comes with an honest boundary. The full direct appeal, the kind that turns on extensive briefing, I refer to appellate counsel, and I coordinate with them so the trial-court motions and the appeal work together rather than at cross purposes.
The Tools After a Case Is Final
Each of these reaches something a direct appeal does not, and each has its own limits.
| Tool | What it reaches |
|---|---|
| Rule 3.850 motion | A collateral challenge on constitutional grounds, lack of jurisdiction, an illegal sentence, ineffective counsel, an involuntary plea, or newly discovered evidence; generally within two years |
| Writ of habeas corpus | A challenge to unlawful detention, grounded in the Florida Constitution; not a substitute for an appeal or a 3.850 motion |
| Bond and detention | Relief from unlawful custody or an excessive condition, raised by motion and, in the right case, by a writ |
| Full direct appeal | A merits appeal on a long brief, which I refer to appellate counsel |
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I am a trial lawyer first. I handle the post-trial and post-conviction work that grows out of that practice: motions to withdraw a plea, motions to correct an illegal sentence or to reduce a sentence, restitution hearings, petitions for writ of habeas corpus and other writs, and certiorari review of a DHSMV license suspension. The one thing I do not take on is the full direct appeal, the kind that lives or dies on a long brief, so when a case belongs in the circuit court appellate division or a District Court of Appeal on the merits, I refer it to appellate counsel I trust. Learn more about my background.
Rule 3.850 Motions
A motion for postconviction relief under Rule 3.850 is a collateral attack, meaning it reaches things outside the trial record. The classic example is ineffective assistance of counsel, a claim about what the lawyer did or failed to do, which by its nature does not appear in the trial transcript. Other grounds include a plea that was not knowing and voluntary, a sentence beyond the legal maximum, a jurisdictional defect, or newly discovered evidence.
Two limits matter. The motion generally has to be filed within two years of the case becoming final, with narrow exceptions for newly discovered evidence or a newly recognized constitutional right, and it cannot be used to re-argue issues that could and should have been raised on direct appeal. A 3.850 motion is the flip side of an appeal, not a repeat of one.
Habeas Corpus and the Simpler Writs
The writ of habeas corpus asks a court to decide whether a person is being held unlawfully. In Florida it is rooted in the state constitution and aimed at unlawful detention, and it is not a way to take a second appeal or to substitute for a Rule 3.850 motion. Used in the right situation, though, it is a direct and powerful tool, and the simpler writs along with bond and detention matters reward quick, focused work rather than a lengthy brief, which is the kind of work I handle.
How I Handle Postconviction Work
The approach is to match the problem to the right tool and the right deadline. A claim about counsel’s performance or a plea’s validity points to Rule 3.850; an unlawful detention or bond issue points to a motion or a writ; an illegal sentence points to Rule 3.800. Where the right answer is a full direct appeal, I say so and bring in appellate counsel, coordinating with them so the trial-court record and the appeal pull in the same direction.
Common Questions
What is a Rule 3.850 motion?
It is a motion for postconviction relief, a collateral challenge to a conviction or sentence based on things outside the trial record. Common grounds include a constitutional violation, a court without jurisdiction, a sentence beyond the legal maximum, ineffective assistance of counsel, an involuntary plea, or newly discovered evidence. It generally must be filed within two years of the case becoming final.
How is postconviction relief different from an appeal?
A direct appeal reviews the trial record for preserved legal error. A Rule 3.850 motion reaches things outside that record, like what counsel failed to do or evidence discovered later. It is not a second appeal, and it cannot be used to re-argue issues that should have been raised on direct appeal.
What is a writ of habeas corpus?
It is a request asking a court to determine whether a person is being unlawfully detained. In Florida it is grounded in the state constitution and is used for unlawful custody, not as a substitute for an appeal or a Rule 3.850 motion. The simpler writs have a real but limited role, and that is where I focus.
Can you help with a bond or detention issue?
Yes, that is one of the simpler matters I handle. Where someone is held on unlawful terms or an excessive condition, the issue can be raised by motion and, in the right case, by a writ. Bond and detention questions reward quick, focused action rather than a long brief.
Do you handle full direct appeals?
No. I handle the trial-court postconviction motions and the simpler writs, including Rule 3.850 motions, habeas petitions, and bond matters. The full direct appeal, the kind that lives on a long merits brief to an appellate court, I refer to appellate counsel I trust, and I coordinate with them so the trial-court work and the appeal fit together.
Related: Appeals overview, Motion to withdraw a plea, Correcting or reducing a sentence, Petitions for writ of certiorari, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Post-trial and appellate deadlines are strict and often jurisdictional, so confirm anything here against the current rules and statutes and speak with counsel promptly. Full direct appeals that require briefing are referred to appellate counsel. Every case is different, and past results do not guarantee a similar outcome.
