If you’ve been convicted of a crime, you may feel hopeless and trapped. However, a conviction isn’t necessarily the end of the story.
In many cases, it’s possible to request to have a higher court review the proceedings of the original trial — this is called an appeal. The higher court can determine if the verdict was appropriate or if any errors were made in the proceedings. If errors are found, you may be granted a new trial.
In Florida, there are specific guidelines and timelines that must be followed to file an appeal. Continue reading for more information, then contact Katz & Phillips, P.A. for personalized guidance.
In Florida, a person convicted of a crime has only 30 days from the date of the court’s final judgment to file a notice of appeal.
Most of the time, this 30-day deadline is firm and cannot be extended.
It’s crucial that you act quickly and efficiently to ensure that the appeal is filed in a timely manner.
There are some scenarios where the deadline may be extended. These scenarios are rare, and the person seeking an extension must provide a good reason for the delay.
One such scenario is when there’s been ineffective assistance from counsel. This occurs when a person’s lawyer doesn’t provide adequate representation which results in a wrongful conviction.
In this situation, the person may file a motion for post-conviction relief, allowing them to appeal their conviction even if the 30-day deadline has passed.
Another scenario where the deadline may be extended is when there’s newly discovered evidence. This evidence must not have been available at the time of trial and must be significant enough to change the outcome of the case.
If this evidence is discovered after the 30-day deadline, the person may be able to file a motion for post-conviction relief and have their appeal heard.
Another potential avenue of relief is to file a writ of habeas corpus. This legal document allows a person to challenge their incarceration if they believe their constitutional rights have been violated.
Filing a writ of habeas corpus can be a complex and challenging process, so it’s essential to consult with a qualified criminal defense lawyer in Orlando if you consider this option.
The consequences of missing the 30-day deadline for filing an appeal can be severe.
If you miss the deadline, you may lose your right to appeal, and your conviction will become final. This usually means you can’t challenge your conviction in the appellate courts.
If you believe you may have a valid reason for appealing your conviction, Katz & Phillips, P.A. is here for you.
Our criminal defense lawyers in Orlando can evaluate your case and help you determine if an appeal is an option for you. If so, we’ll begin preparing the necessary documents on your behalf to ensure the appeal is filed within the deadline.
Don’t wait to take action if you believe you may have grounds for an appeal. Contact us today at (321) 332-6864 to begin taking the steps necessary to challenge your conviction.