Can I challenge the legality of a conviction on appeal?

Yes, you can challenge the legality of a conviction on appeal in Florida. This process is known as "post-conviction relief." The filing of a motion for post-conviction relief can challenge the legality of the conviction and sentencing by a variety of means, including ineffective assistance of counsel, judicial misconduct, prosecutorial misconduct, errors of law, and new evidence that wasn’t available at the time of the trial or sentencing. In Florida, a post-conviction relief motion must be filed within two years of the conviction or sentence being final. This means that the criminal appeal process must be initiated within two years of the date of the sentence or conviction or the opportunity to challenge a conviction on appeal is waived. If a post-conviction relief motion is filed in Florida, the court will review the motion and decide whether to hold an evidentiary hearing. If the court finds there is sufficient evidence to support the motion, a hearing will be held. At the hearing, both parties will have the opportunity to present evidence and witnesses to support their position. After the hearing has concluded, the court will either grant or deny post-conviction relief. If the court denies relief, the criminal conviction will stand and the defendant can file an appeal with the District Court of Appeal. If the court grants relief, the conviction or sentence may be overturned or altered.

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Can I challenge the legality of a conviction on appeal?

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