Motion to Vacate a Plea
Judges can unlawfully increase a sentence beyond a statutory maximum. Sometimes a case’s holding or outcome is determined to be against the United States Constitution or the Florida Constitution. A court may be determined not have had jurisdiction over the case entirely. Sometimes a defendant enters an involuntary plea, or is not fully informed of the consequences of his plea and makes an unknowing plea. In these circumstances, it would be advantageous to call a criminal defense attorney to discuss your rights as the defendant in the criminal law case.
Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced criminal defense lawyer who has been practicing for several years in Miami Dade County, Fort Lauderdale, and Broward County. Criminal defense lawyers can help you to retract a guilty plea for one of the aforementioned reasons. Kenneth P. Hassett is a criminal lawyer who will fight to get the judge to vacate an improper plea to criminal charges. Contact Hassett and Associates, P.A. 24 hours per day seven days per week for an immediate free consultation with a Fort Lauderdale or Miami Criminal Defense Attorney.
Florida Rule of Civil Procedure 3.850(a) Motion to Vacate, Set Aside, or Correct Sentence
(a) Grounds for Motion. The following grounds may be claims for relief from judgment or release from custody by a person who has been tried and found guilty or has entered a plea of guilty or nolo contendere before a court established by the laws of Florida.
(1) The judgment was entered or sentence was imposed in violation of the Constitution or laws of the United States or the State of Florida.
(2) The court did not have jurisdiction to enter the judgment.
(3) The court did not have jurisdiction to impose the sentence.
(4) The sentence exceeded the maximum authorized by law.
(5) The plea was involuntary.
(6) The judgment or sentence is otherwise subject to collateral attack.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.