What Happens After a Criminal Conviction in Florida? Understanding the Appeals Process

If you’ve been convicted of a crime in Florida, it can feel like the end of the road. The judge’s sentence can leave you facing prison time, steep fines, probation, and have lasting consequences on your career and reputation. But in many cases, a conviction is not the end of the road. Florida law provides ways to challenge a conviction or a sentence. Understanding your options can make an important difference in your future.

Understanding direct appeals 

The most common path after a conviction is a direct appeal. An appeal is not a new trial. It does not involve new evidence or witnesses. Instead, the appellate court reviews the trial court’s record to determine whether legal errors were made that affected the outcome of the case.

Some examples of appealable issues include:

• Improperly admitted or excluded evidence
• Incorrect jury instructions
• Prosecutorial misconduct
• Sentencing errors

In Florida, you must file a notice of appeal within 30 days of the conviction or sentencing. This deadline is strict. Missing it can forfeit your right to appeal. If successful, however, the appellate court can reverse the conviction, order a new trial, or correct the sentence.

Post-conviction relief 

Even if the appeal period has passed, you may still have other remedies at your disposal. Post-conviction relief refers to legal motions filed in the trial court to challenge the conviction or sentence based on specific grounds.

Common post-conviction claims include:

• Ineffective assistance of counsel – When your lawyer’s errors or omissions deprived the defendant of a fair trial.

• Newly discovered evidence – For example, DNA results or witness testimony that could not have been found earlier with due diligence.

• Constitutional violations – Such as coerced confessions, unlawful searches, or denial of the right to confront witnesses.
• Sentencing issues – Challenging enhancements, minimum mandatory sentences, or other errors in applying the law.

Florida Rule of Criminal Procedure 2.850 governs the majority of the aforementioned motions. They must typically be filed within two years of the conviction being finalized, although exceptions exist for newly discovered evidence or retroactive changes in the law.

Federal Habeas Corpus 

In some cases, after exhausting all state remedies, the defendant can pursue federal habeas corpus relief. This is a separate process in federal court that reviews whether the conviction violated the defendant’s constitutional rights. Strict filing deadlines and procedural rules apply, so it’s important to have an experienced appellate lawyer defend your case.

Why skilled appellate counsel matters 

Appeals and post-conviction motions are highly technical. Success often depends on identifying subtle trial errors, preserving issues properly in the record, and crafting persuasive legal arguments. Very few trial lawyers focus on appellate practice, and fewer still are board-certified in criminal appellate law.

Having an experienced appellate attorney can mean the difference between serving an unjust sentence and getting another chance at justice.

Talk to a Tallahassee Appellate Defense Attorney Today

Luke Newman, P.A., represents the interests of those convicted of crimes during their appeals. Call our Tallahassee criminal defense lawyers today to schedule an appointment and learn more about how we can help.