What is the process for filing a petition for post-conviction relief?

The process for filing a petition for post-conviction relief in the state of Florida begins by filing a “Petition for Post-Conviction Relief” in the trial court that entered the judgment of conviction. This petition must contain a statement of the following: (1) the date of the conviction, (2) the trial court where the conviction was entered, (3) the criminal charge leading to the conviction, (4) the nature of the sentence imposed, and (5) an identification of the legal claims upon which the petitioner seeks post-conviction relief. The petitioner must also provide a written argument that outlines the facts and legal grounds for relief. The petitioner must also provide a list of all evidence that is necessary to prove the allegations of the petition. Once the petition is filed, the trial court will review the petition and the written argument for legal sufficiency. If the petition is deemed sufficient, the court will enter an order of post-conviction relief. This order will allow the petitioner to present their case to the court in a court hearing. The court will then hear evidence presented by both the petitioner and the state and decide if post-conviction relief is granted. If post-conviction relief is granted, the trial court may either dismiss the conviction, reduce the sentence, or order a new trial. The petitioner may also be entitled to receive reimbursement for any fines or restitution paid as part of the sentence. If post-conviction relief is denied, the petitioner may appeal the trial court’s decision to the Florida Supreme Court. This appeal must be filed in the district court of appeals within 30 days of the order denying post-conviction relief. If the decision of the district court of appeals is unfavorable, the petitioner may then file an appeal with the Florida Supreme Court.

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