The criminal justice system’s purpose is to grant justice for those wronged and to hold those responsible accountable. As with all things, though, no system is perfect. Even the best systems with the purest intentions can still be plagued with issues. One issue in the criminal justice system is wrongful convictions. No matter how insignificant the charge, every wrongful conviction substantially affects the wrongfully charged and convicted individual. These convictions result in time in both Court or jail, money spent to defend against the charges, and, perhaps most importantly, substantial impact on the wrongfully convicted person’s reputation. No matter how small, any wrongful conviction is a miscarriage of justice. Because the effects of a wrongful criminal conviction are so significant, they must be corrected when made. Florida lawmakers have introduced legislation, SB1200 and HB 653, aiming to resolve some of the harm caused by a wrongful conviction.
A Florida Criminal Defense Firm With 70 Years Of Combined Experience
If you have been charged with a crime in Florida, the process can be overwhelming. Depending on the circumstances of the charges, you could be facing jail time, legal fees, and various other legal proceedings. It can be challenging to navigate these proceedings, and if not handled carefully, your chances of success on your charges could be negatively affected. However, an experienced criminal defense attorney will understand the legal process to help you navigate the various pitfalls to achieve the best result for you. The attorneys at Koberlein Law Offices know the legal process and will fight to protect your rights and your interests along the way. For more information or to schedule your initial case consultation, call us or visit us at our website, www.klo-attorneys.com.
SB 1200 And HB 653
SB 1200 and HB 653 are bills brought by Sen. Aaron Bean and Rep. Mike Gottlieb in the Florida House of Representatives and the Senate. These bills would allow prosecutors to file a motion to vacate a judgment if they believe a defendant has been wrongfully convicted.
Motion To Vacate Based On Evidence Of Innocence
A motion to vacate a judgment is a motion to withdraw a judgment or order already granted by the Court. This kind of motion is made by one of the parties in the court proceeding. The proposed bills would allow prosecutors to withdraw an order or judgment in a case they are involved in where they believe the defendant has been wrongfully convicted. The bills would require that the motion comes from the same agency that brought the charges and be brought to the Court where the case was initially tried.
Hearing Notifications
The bills would also require the Court to schedule a hearing on the motion within 90 days and grant the motion if the Court finds clear and convincing evidence of actual innocence. In terms of burden of proof, “clear and convincing” means that the evidence “leaves you with a firm conviction that the claim is true.” Evidence that is “clear and convincing” is “precise, explicit, lacking in confusion…” If the prosecutor who brings the motion can prove the evidence by this standard, the Court may grant the motion to vacate the judgment.
Additionally, the bill would require prosecutors to notify the victim in the previous case and their families of the court dates, as those are individuals who have a right to be heard in bringing the motion.
Why Do These Bills Matter?
Proponents of the bills suggest that bills provide prosecutors with an avenue to address wrongful convictions. Jude Faccidomo, president of the Florida Association of Criminal Defense Lawyers, says that the bills are necessary. Faccidomo suggests that wrongful convictions are a “sad reality” of the justice system and that these bills would allow the wrongs of those convictions to be made right.
However, not all believe that the bills are necessary. William Gladson, one of the attorneys involved in the Groveland Four case, a wrongful conviction rape case in the 1940s, suggests that prosecutors can remedy wrongful convictions already, making the proposed bills unnecessary. The bills were submitted on September 17 and December 8. Neither of the measures has a scheduled hearing in the upcoming January session as of this writing.
Hiring A Criminal Defense Attorney In Florida
While implementation of these bills may help with wrongful convictions in Florida, it is still important that you act quickly to protect your rights and vital interests in any criminal case. The best way to protect those rights and interests is to have an experienced criminal defense attorney on your side. A criminal defense attorney who understands the criminal justice system will help you navigate the processes and procedures to achieve the best result. The attorneys at Koberlein Law Offices have a combined 70 years of experience in criminal defense work and are ready to help you with your case. For more information or to schedule your initial case consultation, call us or visit us at our website, call us at 877.556.2889 (toll-free) or visit us online.
