At Kwall, Showers & Barack, P.A., we believe every criminal defendant is entitled to a fair trial and the effective representation of counsel. Once a defendant has been convicted and sentenced, it becomes extremely difficult for that defendant to successfully attack his conviction. Because it is so difficult to attack a conviction, we believe it is important that you have an experienced postconviction attorney to help you. We will evaluate your case for any possible issues that could be raised, and we will give you informed and honest advice about your options. After we provide you with this information, you can make an informed decision whether you would like for us to pursue your case further, or whether you believe it is something you can do on your own.

We handle all types of postconviction motions including: Motions to Withdraw Plea under Rule 3.170(f) & (l), Motions to Correct an Illegal Sentence under Rule 3.800(a); Motions to Correct Sentencing Error under Rule 3.800(b), Motions for Modification or Reduction of Sentence under Rule 3.800(c), Motion to Vacate, Set Aside, or Correct Sentence under Rule 3.850 and Motion for Postconviction DNA Testing under Rule 3.853. We also handle direct appeals and the appeal of orders denying postconviction motions.

Under rule 3.170, the most common issues raised are claims of involuntary pleas and violations of plea agreements. Rule 3.800(a) claims include scoresheet errors, improper calculation of jail credit or prior prison credit, and the improper designation as a habitual felony offender or prison releasee reoffender. Rule 3.800(b) is used to preserve issues for appeal or to have sentencing errors quickly corrected by the trial court. Rule 3.850 claims typically involve allegations of ineffective representation of counsel, involuntary pleas and illegal sentence claims. Rule 3.853 allows for DNA testing in cases where the defedant went to trial and advances in DNA testing procedures would likely result in a different verdict. A direct appeal is usually filed when a defendant believes he did not receive a fair or proper trial.

Whether you want to file a direct appeal, challenge your conviction or sentence, or appeal the denial of a postconviction motion, we will use our years of experience and best efforts to help you. Except in rare circumstances, you have only one chance to attack your conviction; don't compromise this critical opportunity. At the law office of Barack, McLaughlin & Elvington, P.A., we work hard to get your case handled right the first time.