Attorney Caminero has litigated post conviction relief within the State of Florida as well as within Federal District Courts.

In Florida, a Motion to Vacate is commonly referred to as a “38-50.” Under the Florida Rules of Criminal Procedure, Rule 3.850 allows for certain individuals to have their convictions vacated. This generally occurs if there has been some type of constitutional violation. Florida generally requires such matters be addressed within two years of the conviction; however, there are exceptions – such as violations of rule 3.170, 3.172(c)(8), and other generally overlooked details and violations within the plea colloquy.

While some courts will summarily grant a motion to vacate, certain issues require evidentiary hearings to further discuss and analyze. Not being offered some type of diversion program, such as drug court, for a first time offender is a good reason to vacate a matter. Not having an appropriately certified translator, or an attorney acting as an interpreter, is also a good reason to vacate a matter. Some reasons to vacate a conviction can also hinge on violations within the The Americans with Disabilities Act of 1990 -(ADA).

Attorney Caminero enjoys finding these highly, and commonly, overlooked violations of procedural and substantive rights.