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Florida

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to arrest the judgment, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled. In certain situations, the prosecution may also file a motion to reduce the sentence.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Florida Office of Attorney General (OAG) represents the state in post-conviction. To receive appeal updates, victims should keep their information up to date with the State Attorney’s Office where the case was prosecuted. Victims can also reach the OAG by phone at 1-800-226-6667.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Florida law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Florida Office of Attorney General (OAG) represents the state in federal habeas corpus proceedings. To receive federal habeas corpus updates, victims should keep their information up to date with the State Attorney’s Office where the case was prosecuted. Victims can also reach the OAG by phone at 1-800-226-6667.

Early Release Programs

These programs can include parole, medical parole, and earning “gaintime.”
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Florida, including parole, medical parole, or earning reductions to their sentences (called “gaintime”) for good behavior or completing certain educational, vocational, or rehabilitative programs.
  • Victims can access information about the incarcerated person through the Department of Corrections website: www.dc.state.fl.us. Victims can submit a notification request or updated address information online through the DOC. The DOC also offers a toll-free automated inmate information and notification service through the Victim Information and Notification Everyday (VINE) Service. Victims may call 1-877-VINE-4-FL (1-877-846-3435).

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted of felonies under Florida law. The Office of Executive Clemency helps the governor in this process. Clemency typically takes one of three forms: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence or reduces a death sentence to a life sentence), or a remission (which reduces or eliminates court-ordered fines and restitution). The governor can also restore civil rights lost because of an individual’s conviction (such as the right to vote or own a firearm).
  • Victims receive notification of clemency from the Office of Attorney General (OAG). For more information about clemency hearings, victims can contact the Florida Commission on Offender Review’s Victim Services Office by phone at (850) 487-3259 or toll-free 1-855-850-8196 or by email at victimsquestions@fcor.state.fl.us. Victims can also contact the Florida Office of Executive Clemency at 1-800-435-8286 for more information.

Victims Rights
Post-Conviction

In Florida, victims have the right to:
  • Fairness and respect for the victim’s dignity and freedom from intimidation, harassment, and abuse
  • Information about and notification of all post-conviction processes and procedures*
  • Be present at all public post-conviction hearings and arguments
  • Participate in post-conviction processes and procedures
  • Reasonable, accurate, and timely notification of any release, escape, parole hearing, clemency hearing, or expungement of the convicted individual*
  • Be heard in any public proceeding involving restitution, release, parole, or clemency
  • Notification of the place of incarceration, scheduled release date, escape, or release of the incarcerated individual
  • Freedom from unreasonable delay, including time limitations in appeals and post-conviction
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Florida Victim Compensation Program may provide funds for economic loss such as lost wages, medical costs, and funeral costs.
  • For assistance with restitution, victims can contact the Attorney General’s Division of Victim Services and/or the State Attorney’s Office where the case was prosecuted. Victims can complete an application and contact the Florida Victim’s Compensation office for more information by phone at (800) 226-6667 or by email at VCIntake@MyFloridaLegal.com. Applications must be filed within 3 years of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Florida

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