Charged With A Crime? We're Ready To Fight.
How long does a person have to file an appeal in Florida?
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.
Time limit for filing an appeal
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.
Example scenarios where the deadline may be extended
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.
Other possible relief
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.
Consequences of missing the deadline
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.
We can help you explore your options for an appeal
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) 425-8961 to begin taking the steps necessary to challenge your conviction.
Decades of Trusted Service. Hundreds of Grateful Voices.
-
“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
-
“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
-
“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
-
Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
-
Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
-
High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
-
Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
-
Always Responsive
Our team is available to take your call and address any questions or concerns you have.
-
Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
-
DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
-
Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
-
All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
-
All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
