Criminal Appeals & Post-Conviction Motions 

By May 15, 2018Criminal Resources

CRIMINAL APPEALS & POST-CONVICTION MOTIONS

Jessica J. Travis is experienced in investigating, drafting and arguing direct criminal appeals and post-conviction motions.

Appeal:  Jury verdicts and unfavorable sentences may be appealed within 30 days of the judgment – usually the sentencing date.  Florida Rule of Appellate Procedure 9.140. Discuss appellate arguments with an attorney.

If a Defendant entered a plea agreement, he waived certain appellate rights.  If he later wants to back out of the plea agreement, he should talk to an attorney about whether he should file an appeal or motion to withdraw plea.

Post-Conviction Motions:  Other than a direct appeal, a defendant may file post-conviction motions if the plea was involuntary, the court lacked jurisdiction, new evidence is discovered or he believes his trial attorney was ineffective.  Florida Rule of Criminal Procedure 3.850 generally requires these motions to be filed within 2 years from when the conviction becomes final.  If there was a direct appeal, this is 2 years from the appeal mandate.  If there was no direct appeal, this is generally 2 hears from sentencing.  Consult with an attorney about grounds and timing of post-conviction motions.

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