Appeals & Post-Conviction Relief

St. Petersburg Criminal Appellate Attorneys

After a verdict has been rendered in a criminal case, you may have heard a judge say “you have 30 days from the date of this judgment and sentence to appeal.” This means that you may be able to overturn a conviction or alter a sentence if there was some external factor that negatively impacted the result of your case.

Our criminal appellate attorneys In St. Petersburg can review your case and determine if you have grounds for an appeal or post-conviction relief. We have nearly 40 years of combined experience and thoroughly investigate all of our cases. You only have a limited time to file a plea, so if you plan to try for one it is important to talk with an attorney as soon as possible.

Finding Grounds for an Appeal

Proving that you suffered mistreatment in court is not always easy. You cannot file a successful appeal just because you are dissatisfied with your sentence or unhappy with how the prosecution treated you. You and your attorney must prove that your case was impacted by an error or unlawful behavior.

The following are some common grounds for appeal:

• Your attorney was late to court, did not research the case, and/or rarely contacted you in the lead up to your trial (legal malpractice)
• You requested a motion to continue your trial but were denied
• Unlawfully obtained evidence was used against you during your trial
• The jury was not given proper instructions
• Your sentence exceeds the statutory maximum for the offense
• Your case was sent to a jury trial even though the prosecution did not present sufficient evidence for one

Filing an appeal takes time and all of the paperwork must be filled out accurately and submitted in a timely fashion. A single mistake could delay your request for an appeal and result in you missing the window of opportunity. Our knowledgeable legal team can help you fill out and file all the forms.

Post-Conviction Relief

Not everyone files an appeal to have their sentence dismissed entirely. Even if you were convicted of a crime and believe you are guilty, that does not mean the sentence you received was entirely fair. It may be possible to have your sentence reduced if you file for one within sixty days since the sentence was rendered. Reduced sentencing is usually awarded in cases where you can present new information that was not presented in trial, such as diagnosis of a mental disorder or addiction.

You may also be able to have your plea withdrawn within the first 30 days of your sentence. Plea deals are a tricky subject in criminal law. A prosecutor may offer you a guilty plea to reduce the charges against you for a lower sentence, but this means that you could be admitting to a crime you did not do. If your plea was coerced or made under duress, you may be able to have it overturned.