Florida doesn't give you much time. If you're reading this because someone you care about was convicted in a Florida court and you're trying to figure out what comes next, the most important thing to understand upfront is this: post-conviction law runs on deadlines, and in Florida those deadlines are brutal.
Missing one doesn't just slow things down. It can permanently close a legal door that can never be reopened.
So let's talk about what the process actually looks like, what options exist, and where to find help in Florida specifically.
The Direct Appeal — Your First Option, and the First Deadline
After a conviction in Florida, the defendant has 30 days to file a notice of appeal. This is the direct appeal — it goes to the Florida District Court of Appeal and challenges what happened during the trial itself. Jury selection issues, evidentiary rulings, prosecutorial misconduct during trial, sentencing errors — these are the kinds of things a direct appeal addresses.
The direct appeal does not introduce new evidence. It only looks at the record of what happened at trial. If the trial was procedurally sound but the wrong person was convicted, the direct appeal isn't going to fix that.
If the 30-day window has passed, the direct appeal is gone. This is one of the first things any attorney will ask — has the direct appeal deadline passed, and if so, was a notice of appeal ever filed?
Rule 3.850 — The Primary Post-Conviction Tool in Florida
This is the one that matters most for wrongful conviction cases. Florida Rule of Criminal Procedure 3.850 allows a convicted person to file a motion for post-conviction relief. The grounds include ineffective assistance of counsel, newly discovered evidence, and constitutional violations that weren't or couldn't have been raised on direct appeal.
The deadline for a 3.850 motion is two years from when the conviction became final. That sounds like a long time. It isn't. Gathering evidence, finding an attorney, building a legal argument — two years goes faster than you think.
If the two-year window has passed, there are very limited exceptions. Newly discovered evidence that could not have been found within the two-year period is one. Claims based on a newly established constitutional right recognized by the U.S. Supreme Court or Florida Supreme Court is another. But these exceptions are narrow and heavily scrutinized by courts.
DNA Testing in Florida
Florida has a specific statute — Section 925.11 — that allows convicted persons to petition for DNA testing of evidence. This is separate from the 3.850 process and has its own rules.
To qualify, the person must be convicted of a felony, the DNA evidence must be material to the case, and the evidence must still exist and be testable. Florida law also requires that the petitioner did not knowingly waive their right to DNA testing during trial.
If DNA testing produces results that are favorable — meaning the results are inconsistent with the conviction — those results can then be used to support a motion for post-conviction relief under 3.850.
DNA is not available in every case. Many cases have no biological evidence. But in cases where it exists and was never tested, this is often the most powerful tool available.
Habeas Corpus in Florida
A petition for writ of habeas corpus is a separate legal avenue that challenges the legality of the confinement itself. In Florida, habeas corpus petitions are filed in the circuit court where the defendant is imprisoned, not necessarily where the trial occurred.
Habeas is not a substitute for 3.850 — Florida courts are strict about not allowing people to use habeas to get around the deadlines and requirements of 3.850. It tends to be used for specific constitutional claims, particularly ineffective assistance of appellate counsel, which cannot be raised under 3.850.
Florida's Conviction Review Units
Several State Attorney offices in Florida have established Conviction Review Units — offices dedicated to reviewing potentially wrongful convictions. Miami-Dade, Broward, Palm Beach, and Hillsborough counties have been among the more active ones.
These units operate independently of the defense and can reopen cases on their own initiative if evidence of innocence is brought to their attention. They are not a replacement for legal representation, but they are worth contacting — especially in counties where they exist and are active.
To contact a Conviction Review Unit, reach out directly to the State Attorney's office in the county where the conviction occurred and ask specifically for the CRU or Conviction Integrity Unit.
Florida Innocence Organizations
Florida has several organizations specifically dedicated to wrongful conviction cases. The Florida Innocence Project is one of the most active in the country, with a track record of exonerations that includes cases overturned after decades of wrongful imprisonment.
These organizations typically require that the direct appeal has been exhausted, that the applicant maintains their innocence, and that there is some form of evidence — not just a feeling — that can be investigated. They take cases for free and are staffed by attorneys and trained investigators.
Don't be discouraged if your first application is declined. These organizations receive far more cases than they can handle. Apply, follow up, and apply elsewhere if needed.
What to Do Right Now
If you're in the middle of this in Florida, here's the short version of your priorities:
First, find out exactly where you are in the timeline. Has the direct appeal been filed? Has the 3.850 deadline passed? This determines everything about which doors are still open. An attorney can tell you this in an initial consultation.
Second, get every piece of documentation from the case. Trial transcripts, police reports, evidence lists, attorney correspondence — all of it. No one can help you without it.
Third, contact the Florida Innocence Project and other legal aid organizations in the state. Use our Florida resources page to find organizations that may be able to help — all free to contact.
Fourth, if you believe there is new evidence that wasn't available at trial, document it carefully and bring it to an attorney before doing anything else with it. Evidence handled incorrectly can complicate a case rather than help it.
The road is long in Florida. But people have walked it all the way to exoneration. The ones who made it were the ones who didn't stop moving.