Rule 3.800 motions are filed when the court has imposed an illegal sentence. An illegal sentence is not the same as a claim of ineffective assistance of counsel. The cause of a 3.800 motion is usually that the court exceeded the maximum sentence allowed. For example, the combination of jail time and probation time exceeds the maximum allowed for the offense. Another example is that the court did not credit a defendant with the appropriate amount of jail time. In addition to time restrictions, a Rule 3.800 motion can also attack illegal costs.
After a 3.800 motion is filed, the court will not usually grant a hearing. The motion should point the court in the right direction regarding the sentence. If the court determines that the sentence is illegal, the remedy is to correct the sentence. This is unlike a 3.850 motion since the motion attacks a sentence, and not the conviction itself.
When selecting a lawyer for post conviction relief, it is important to speak with the attorney and ask questions. A good criminal defense attorney will explain the process to a client or his family, and be open to answering all questions.