Glenn Swiatek is one of the very few criminal defense attorneys in Northwest Florida who has experience in the filing and arguing of petitions for post conviction relief. Those who have been convicted of a crime may still have options by petitioning for post conviction relief. Most often, this involves a request to the court where you were convicted to review your trial counsel’s performance or to review your sentence. In the state of Florida, you have up to two years to a petition for post conviction relief. That begins to run from the day of the final judgment and sentencing or from when your direct appeal has been finalized.
Challenging a Criminal Conviction
The two common ways to challenge a criminal conviction are by alleging ineffective assistance of counsel, and/or by raising a violation of a constitutional right. The arguments most commonly presented are that you have been subjected to an illegal sentence or that your trial counsel was ineffective. If you are asking to the court to review an illegal sentence the two year time limit does not apply. You may file a Petition to Correct an Illegal sentence at any time. You may also be entitled to file a Petition for a Writ of Habeas Corpus. Depending on the legal issue involved there may or may not be a time limit in which to file a Petition for a Writ of Habeas Corpus.
Was your appeal unsuccessful?
If you have been wrongly convicted of a crime or sentenced, proving those issues is extremely difficult. It is important that you retain an attorney experienced in the post conviction process. Glenn Swiatek is one of the very few criminal defense attorneys in Northwest Florida who has experience in the filing and arguing of petitions for post conviction relief.
Like an appeal, post conviction relief remedies are a lengthy and highly technical process. Many inmates will attempt to write their own post conviction relief petitions. In our experience this is extremely risky. It is very important to have all of your post conviction opportunities presented correctly to the court – the very first time.
Contact Glenn Swiatek, Criminal Defense Attorney, P.A.
Contact the criminal defense lawyer Glenn Swiatek to discuss the manner in which you can take advantage of these important procedures that are intended to protect your constitutional rights. To schedule a free consultation, contact Mr. Swiatek at 850-609-0940 or send us a message.