What is a Motion to Vacate in Miami?

Updated on Tuesday 15th November 2016

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What is a Motion to Vacate in Miami? Image
A motion to vacate in Miami represents essentially a request filed against a judge or a court which issued a judgement beforehand. This legal measure comes to assist an immigrant or non-resident of the U.S. who is convicted of a crime that could lead to deportation

Further details on the motion to vacate in Miami

In the U.S. courts, a motion to vacate judgement and sentence, also known in legal terms as a petition for writ of habeas corpus, is filed according to the U.S. Constitution and Title 28, U.S. Code Secs. 2254 and 2255. Such a claim involves the fact that, generally, an individual who pleads guilty or does not contest and renounces his or her right to a direct appeal, might later on find out that the lawyer made certain mistakes which influenced his or her decision to plead. 

In Florida courts, the pleading is named a motion for post-conviction relief, or a motion to vacate judgement and sentence. The motion to vacate procedure in Miami is governed by the Rule 3.850 of the Florida Rules of Criminal Procedure. Such a petition can be filed in the state of Florida in those cases in which the defendant asserts ineffective assistance of legal counsel. An immigration attorney in Miami can provide more detailed information on this matter.

Immigration lawyers in Miami

In case yourself or a family member are facing a deportation judgement, it is important to seek the legal representation from immigration lawyers in Miami who can assist you change this decision. We have represented many cases of this type and we can help you file a motion to vacate in Miami. Because of our commitment to our clients and our vast experience over the years, we can assure you we will work very hard to defend your case in front of a court so that you continue to reside in the U.S. alongside your family and friends. We ensure our clients that we fervently defend their rights during the entire procedure and that they are able to profit from a fair trial. 

Please get in touch with an immigration lawyer in Miami to start the procedure of filing a motion to vacate on your behalf.


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