People convicted of crimes often believe they have no further recourse. In some cases, however, they may have grounds for arguing that their conviction should be vacated. They must do so within the time constraints established by law, however, otherwise, their request may be denied as untimely, as illustrated in a recent Florida ruling in which the court denied a defendant’s request to vacate his bank fraud and identity theft convictions. If you are accused of committing a white collar crime, it is important to understand your rights, and you should consult a Tampa white collar crime defense lawyer as soon as possible.
Procedural History of the Case
It is alleged that the defendant was indicted by a federal jury for aiding and abetting bank fraud and aiding and abetting identity theft. He subsequently pleaded guilty to the identity theft offense via a plea agreement; as part of the agreement, he waived the right to appeal his sentence. The defendant was sentenced to 24 months in prison. Over two years later, he filed a motion to vacate his conviction and sentence.
Timeliness of Post-Conviction Motions
The court ultimately denied the defendant’s motion as untimely. The court explained that pursuant to the AEDPA (the Antiterrorism and Effective Death Penalty Act), a person serving a sentence in a federal prison can move to correct, vacate, or set aside their sentence within a one-year period. Continue Reading ›