Best Wrongful Conviction Lawyers in Davie, Florida

Start with the court record and the deadline that applies

In Davie, a felony conviction is generally handled in Broward County’s Seventeenth Judicial Circuit. A claim of innocence may require reviewing the trial record, investigating how evidence was collected, and filing the correct post-conviction motion in the court that entered the judgment.

Post-conviction relief is not a single procedure. The available route may depend on whether the case is on direct appeal, whether new evidence has emerged, and whether DNA testing could identify or exclude someone. Deadlines can be strict, so prompt advice from a Florida post-conviction lawyer can help protect available options.

When a lawyer may be especially important

• A witness identification is in question: A lawyer can examine the identification procedure, interview witnesses, and assess whether the trial record supports a legal challenge.

• New evidence points to another person: If a witness recants or new information emerges, counsel can investigate its reliability and determine whether it meets Florida’s rules for post-conviction relief.

• Biological evidence may still exist: Davie Police, the Broward Sheriff’s Office, or another agency may have handled evidence. A lawyer can identify its custodian and assess a request for DNA testing.

• The defence did not receive important evidence: Counsel can review discovery and trial files for potentially undisclosed material and assess whether a court filing is available.

• The conviction or sentence may involve a legal error: A lawyer can review the record for issues involving counsel, the jury instructions, or sentencing, and distinguish an appeal from a post-conviction motion.

• Release has occurred but compensation is being considered: Florida’s compensation process has separate eligibility requirements and deadlines. A lawyer can assess whether a claim under Chapter 961 may be available.

Florida laws and procedures that may apply

Davie does not have a separate wrongful-conviction code. Florida law and court rules govern cases arising there, while the Seventeenth Judicial Circuit handles relevant Broward County trial-court proceedings.

• Florida Rule of Criminal Procedure 3.850, Motion to Vacate, Set Aside, or Correct Sentence: This is a common route for challenging a conviction or sentence after trial. The general filing period is two years after the judgment and sentence become final, subject to exceptions defined by the rule.

• Florida Statutes section 925.11, Postconviction DNA Testing: This statute provides a procedure to seek testing of qualifying biological evidence. Eligibility depends on the evidence, the issues in the case, and statutory requirements.

• Florida Statutes, Chapter 961, Compensation for Wrongful Incarceration: This chapter sets requirements for seeking state compensation after qualifying exoneration. Eligibility is not automatic; the statutory process includes seeking a certificate of eligibility from the Florida Commission on Offender Review.

Frequently asked questions

Where is a Davie conviction challenged?

Felony convictions arising from Davie are generally handled in Broward County’s Seventeenth Judicial Circuit. The correct court and filing depend on the case’s procedural history and the type of relief sought.

What can count as grounds for post-conviction relief?

Possible grounds can include qualifying newly discovered evidence, certain constitutional violations, or errors involving trial counsel. A claim must meet legal requirements and be supported by the record or admissible evidence; disagreement with the verdict alone is not enough.

How long do I have to file a motion?

Rule 3.850 generally sets a two-year period after the judgment and sentence become final. The rule contains limited exceptions, and other procedures may have different requirements, so a lawyer should review the dates promptly.

Can I seek DNA testing after conviction?

Potentially. Florida Statutes section 925.11 provides a process for requesting testing of qualifying biological evidence, but the evidence and proposed testing must satisfy legal requirements.

What if the evidence is held by a local police agency?

Evidence in a Davie case may be held by Davie Police, the Broward Sheriff’s Office, or another agency, depending on who investigated and processed it. A lawyer can identify the custodian and consider steps to preserve the evidence while assessing available court procedures.

Can someone who pleaded guilty challenge the conviction?

A guilty plea can affect which issues may be raised and what procedures are available, but it does not answer every post-conviction question. The plea record, advice received, and any later evidence need individual review.

Will the court appoint a lawyer?

There is no automatic right to appointed counsel in every post-conviction proceeding. Appointment depends on the procedure and circumstances, so ask the court or a lawyer whether the case may qualify.

How much does a post-conviction lawyer cost?

Fees vary with the record’s size, investigation needed, expert evidence, and whether hearings or appeals are involved. Ask for a written engagement agreement explaining the fee structure, included work, and likely additional costs.

How long does a post-conviction case take?

There is no fixed timetable. The time can depend on the court’s schedule, the complexity of the claims, evidence testing, and whether an appeal follows.

Can an exonerated person seek compensation from Florida?

Possibly, if the person satisfies Chapter 961’s eligibility rules and follows its process. A reversal or release alone does not necessarily establish eligibility, so review the statutory conditions with counsel.

Is a compensation claim the same as a lawsuit for damages?

No. A Chapter 961 compensation claim and a civil lawsuit are separate routes with different legal tests and procedures. Civil claims can have their own deadlines, so discuss both promptly with a lawyer.

Official resources

• Seventeenth Judicial Circuit of Florida: Provides information about Broward County’s circuit courts, court procedures, and court services.

• Broward County Clerk of Courts: Maintains court records and provides information about case files and filings in Broward County.

• Florida Commission on Offender Review: Handles the certificate-of-eligibility process under Florida’s compensation law for qualifying wrongful incarceration claims.

Steps to find and hire a lawyer

1. Gather key case records now: Collect the judgment, sentence, charging documents, appeal decisions, and any post-conviction orders. If records are missing, note which court or agency may have them.

2. Write a dated case summary: Record the trial outcome, appeal history, new evidence, and any approaching deadlines. This can help a lawyer identify urgent issues during an initial consultation.

3. Contact Florida post-conviction lawyers within days: Look for counsel who handles post-conviction motions, innocence investigations, or DNA-testing cases, and ask about experience with Broward County proceedings.

4. Ask how the lawyer will assess the case: Discuss record review, evidence preservation, investigation, expert needs, possible filings, and whether the lawyer sees a direct appeal, post-conviction motion, or other route.

5. Compare written fee terms: Ask about the initial review, hourly or flat fees, expert and investigation expenses, and what work is included. Confirm the agreement in writing before authorizing work.

6. Confirm the plan and deadlines: Before hiring, clarify who will obtain records, contact evidence custodians, and prepare any filing. Have counsel verify applicable deadlines as soon as possible.