Post-Conviction Relief FAQs

How to file a claim in small claims court?

A claim up to five thousand dollars excluding charges, interest and attorney fees may be filed with the Clerks Office of Miami -Dade. The claims are going to be presented as a small claim under section 7.010 of the Rules of Court of the Florida Statutes. Once you or your attorneys decide to file suit, it cannot proceed until the defendant has been served. Make sure that in the claim is writing the full name of the person you want to sue and the address where that person is living. You have to do this to not run the risk to lose the document and the defendant would not be notified.

What are the benefits of appeal for relief Act (PCRA)?

This law brings as benefit if after hearing the arguments and analysis of your case the rules of the court decides to grant relief to the person who was convicted , the sentence will automatically be officially removed from your record. If the person is in jail he will be released in this moment. If you paid any fine money, it will be refunded. Once the conviction will be removed from his record, the ex-convicted could be continuing with his normal life. The person can be able to get a job, get some professional license or acquire custody of children.

Can a victim of crime attends the oral argument in the Court of Appeal and makes a statement?

Oral arguments are open to the public, so you can attend. If you want to participate in the argument and filled a written request you will be notified with time, about the date and the place of the discussion to keep you informed of the case. Statements by persons who are not lawyers and judges in the case are not allowed in the oral argument.

Can the State be present if the defendant wins at trial?

Usually, no. If the court makes the sentences and don't finds the defendant guilty when the trial was finished, the defendant has as resource the Constitution to prevent the state looking for an appeal. The State may appeal in other specific situations, as when a court gives the opportunity to the defendant can suppress evidence with a motion, or when a court finds that the defendant isn't qualified to stand trial, or when the court issues an acquittal's judgment before the end of trial or after the jury finds the defendant guilty.

What is the different between a legal assistant and an attorney?

Any Post-conviction and civil case are reviewed by an attorney. However, in many cases, the attorney has legal assistants who help him with some cases. Legal assistant performs some preliminary research and searches of the files. Attorneys supervise the legal assistant work all time. The final decisions are taking by the attorney.

What is the difference between a civil case and a case post-conviction case?

Post-Conviction cases are going to refer to the criminal offense and the sentence that provoked the internal was send to prison or jail. Civilian cases are going to refer to what really happens to the internal while it would be under custody of the Correction's Department or country jail. Sometimes the prisoner has both problems (post-conviction and civil), so it would open two files:

• one for the attorney who will take charge of the civil action, and the other one for the attorney who will take charge of the post-conviction request.

Can a second motion be filed after denied the first motion?

Yes, it can be possible but in very limited circumstances. The appellate court must certify that the motions enclose important fact like:

• Newly discovered evidence. These evidences must be clear and persuasive to demonstrate the innocence of the arrested. Any new regulation of constitutional law, which has been prepared retrospective to cases by the Supreme Court that was previously denied.