Florida Criminal Appeals Lawyer


Convicted of a crime in Florida?  Exhausted your appellate remedies?  Call Brooke Elvington, an AV-rated experienced post-conviction attorney located in Tampa, Florida.  


Post-Conviction (3.850)

If you or a loved one has been convicted of a crime in Florida, and your appeal was denied, you may still have post-conviction (3.850) remedies.  Florida law strictly limits the time frame to file post-conviction (3.850) motions.  If your appeal was denied, or if you pled guilty to an offense and you question whether you received appropriate representation, do not delay and call Brooke Elvington, an experienced Tampa post-conviction (3.850) lawyer today for a free consultation!  

What is a 3.850 motion?

A 3.850 motion is filed after the appellate mandate is issued, or once a judgment is final.  Individuals have only 2-years to file the motion unless certain exceptions apply.  Please read Ms. Elvington's detailed article on the 3.850 process, and her answers to frequently asked questions.  There are a large number of possible 3.850 claims, and an experienced post-conviction lawyer may be able to assist you with vacating your conviction, obtaining a new trial, reducing your sentence, or even providing peace of mind.  

Why Choose Us?

Brooke Elvington is an AV-rated experienced post-conviction attorney located in Tampa.  She has personally handled more than 300 criminal appeals and post-conviction cases throughout the State.  While many lawyers combine their experience with other attorneys, or use ghost writers for their clients' motions, Ms. Elvington handles the entire case personally.  Many post-conviction lawyers have no criminal trial experience, and some only dabble in post-conviction cases.  Ms. Elvington's background is in both state and federal criminal defense.  She is an experienced and skilled trial attorney who began isolating her practice to appeals and post-conviction cases nearly a decade ago.  Ms. Elvington has the ability to analyze a criminal case from the perspective of both a trial attorney and an appellate attorney, but who also has the time necessary to devote to each post-conviction case.  

How do I file a 3.850 motion in Tampa?

An experienced post-conviction lawyer will file a 3.850 motion in the circuit court where you were convicted.  If you were convicted in Tampa, the motion will be filed in the Circuit Court for the 13th Judicial Circuit.  You will file the motion in the same division as the trial case; however, most post-conviction cases in Tampa are ultimately sent to a different judicial division that handles 3.850 cases.  Once the motion is filed, it is usually reviewed by staff attorneys/law clerks, and the judge issues a preliminary order either directing the state to respond to the motion, or dismissing the motion without prejudice to refile.  After the state responds, a decision is made regarding an evidentiary hearing.  If your 3.850 motion is denied during any part of the procedure, you may have appellate remedies.  

The post-conviction 3.850 process is complicated!  Call us today to speak with an experienced and compassionate post-conviction lawyer.