If you are found guilty after a trial, you are entitled to an appeals process. This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal. In Florida, you generally have 30 days following sentencing to file an appeal. There are numerous reasons for an appeal from a guilty verdict in a criminal case, including “legal error.” Legal error may include—
- Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
- Lack of sufficient evidence to support a verdict of guilty
- Mistakes in the judge’s instructions to the jury regarding your case
You may also appeal due to misconduct on behalf of the jurors, or if there is newly discovered evidence to exonerate you.
In Florida, if you entered a guilty or no contest plea, you may directly appeal only for the following reasons:
- The court lacked subject matter jurisdiction (i.e., the court did not have the authority to decide the case based on the subject matter);
- There was a violation of the plea agreement
- Your plea was involuntary
- There was a sentencing error; or
- As otherwise provided by law
