Florida Rule of Criminal Procedure 3.850 is the main vehicle for attacking a conviction or sentence after the direct appeal is over — a motion to vacate, set aside, or correct. It is where claims like an involuntary plea or ineffective assistance of counsel get litigated.
The grounds
Rule 3.850(a) allows relief where: the judgment or sentence violates the U.S. or Florida Constitution (this is where ineffective assistance of counsel claims live); the court lacked jurisdiction; the sentence exceeds the legal maximum; the plea was involuntary; or the judgment is otherwise subject to collateral attack.
The clock: 2 years, three exceptions
The motion generally must be filed within 2 years of the judgment and sentence becoming final. After that, the door closes unless you fit an exception: (1) newly discovered facts that could not have been known in time with due diligence; (2) a new retroactive change in the law; or (3) you retained counsel to file on time and counsel neglected to file. A motion attacking a sentence that exceeds the legal maximum can be filed at any time.
The detail most people miss
One shot is the rule, not the exception: successive 3.850 motions are heavily restricted, and a sloppy first motion can waive claims forever. Filing something quickly and filing something complete are very different strategies — the 2-year window exists to let it be done right once.
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Read the law yourself: Fla. R. Crim. P. 3.850 (official Florida Statutes). Related on this site: Florida Rules of Criminal Procedure guide.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.