The gavel comes down, and you’re officially declared guilty. That word hits like a punch to the gut, especially when you believe something went wrong during your trial.
Maybe the judge allowed evidence that should’ve been thrown out. Or your original attorney missed critical details. It’s possible the prosecutor crossed a line during closing arguments and said something that the jury never should’ve heard.
The point is, a conviction doesn’t have to be the end of your story. You have the right to appeal—but only if you act within a very specific window. In Florida, you have 30 days from the date of sentencing to file a Notice of Appeal.
At Simko Law Group, we know the appeals process from both sides. As former prosecutors, we’ve seen how the state builds cases, and we know how to dismantle them. If you or a loved one has been convicted in St. Lucie County and you believe errors were made during your trial, call us at (561) 951-1264 to discuss your options.
How Long Do I Have to File a Criminal Appeal in Florida?
You have 30 calendar days from the date of sentencing to file your Notice of Appeal with the court. This isn’t 30 business days—it’s 30 total days, including weekends and holidays.
This deadline is strict. Florida courts very rarely grant extensions, and missing it means you lose your right to appeal in most cases. The only exceptions involve extraordinary circumstances like being physically incapacitated or your attorney abandoning you entirely, and even those are hard to prove.
So, don’t assume you have months to “think about it” or wait to see if things improve. The clock starts ticking the moment the judge announces your sentence, and once those 30 days pass, your conviction becomes final under Florida Rule of Appellate Procedure 9.140.
Understanding the Purpose of a Criminal Appeal in St. Lucie County
A criminal appeal is not a do-over of your trial. You won’t get to present new evidence, call new witnesses, or argue that the jury simply got it wrong. That’s a common misconception that trips people up.
Instead, an appeal challenges legal errors that happened during your trial. You’re asking a higher court (the appellate court) to review what happened and determine whether mistakes were made that affected the outcome of your case.
Here are examples of issues that can be appealed:
- Improper evidence was admitted – The judge allowed the prosecution to use evidence that violated your Fourth Amendment rights (like evidence from an illegal search)
- Improper jury instructions – The judge gave the jury incorrect or incomplete instructions about the law
- Prosecutorial misconduct – The prosecutor made improper arguments, withheld evidence, or violated your rights during trial
- Ineffective assistance of counsel – Your trial attorney failed to provide competent representation (missed objections, didn’t call important witnesses, failed to investigate your case)
Here’s what you cannot appeal:
- Disagreeing with the jury’s verdict
- Wishing you’d testified when you didn’t
- General feelings that your sentence was “unfair”
- New evidence you found after trial (that’s handled through post-conviction relief, not appeals)
The bottom line is, an appeal focuses on whether the legal process was followed correctly, not whether the jury made the right decision. That’s an important distinction.
Do I Automatically Get an Appeal After Conviction?
No, in St. Lucie County, you don’t automatically get an appeal just because you were convicted. You have the right to file for an appeal, but actually getting relief from the appellate court is a different story.
Said another way, a convicted defendant can file a Notice of Appeal, but the appellate court will only overturn your conviction if you can prove that specific legal errors occurred and that those errors affected the outcome of your trial.
This is why having a good St. Lucie County criminal defense lawyer matters so much.
If your original attorney didn’t object to errors when they happened, you might not be able to raise those issues on appeal. Florida courts follow something called the “contemporaneous objection rule“—if your lawyer didn’t object at trial, the appellate court usually won’t consider it.
There are exceptions (called “fundamental errors”), but they’re rare. The takeaway? Appeals are technical, and you need an attorney who knows appellate law inside and out.
Are Appeal Hearings Held in Fort Pierce or Elsewhere?
Most criminal appeals from St. Lucie County are not heard in Fort Pierce. Instead, they go to the Fourth District Court of Appeal in West Palm Beach.
Florida has six District Courts of Appeal that review cases from trial courts across the state. St. Lucie County is part of the Fourth District, which also covers Palm Beach, Okeechobee, Indian River, and Martin Counties.
Here’s how the appeals process typically unfolds:
- File the Notice of Appeal (within 30 days of sentencing). This is a short document that tells the court you’re appealing your conviction. Your attorney files it with the St. Lucie County Clerk of Court.
- Order trial transcripts. The appellate court needs a complete written record of everything that happened at trial. Your attorney orders transcripts of hearings, jury selection, witness testimony, and the judge’s rulings.
- File the appellant’s brief. This is your written argument explaining what errors occurred and why your conviction should be reversed. Appellate briefs are technical, formal legal documents—not letters to the judge.
- The prosecution files a response. The State Attorney’s Office gets a chance to respond and argue why your conviction should stand.
- Possible oral arguments. In some cases (but not all), attorneys appear before a panel of judges to argue the case in person. This is not a new trial—it’s a legal debate about whether errors were made.
- The court issues a written decision. The appellate court reviews everything and issues a written opinion. This usually takes 8 to 18 months from the date you file your Notice of Appeal.
The possible outcomes of the appeal process are:
- Conviction affirmed – The court finds no reversible errors, and your conviction stands
- Conviction reversed – The court finds serious errors, and either dismisses your case or orders a new trial
- Sentence modified – The conviction stands, but the court reduces your sentence
Why You Need a Criminal Appeals Attorney in St. Lucie County
Appeals are highly technical. Miss one procedural rule, cite the wrong case law, or fail to preserve an issue properly, and you’ll almost certainly lose—even if you had a valid legal argument.
In this situation, you need someone who knows appellate law and understands how the Fourth District Court of Appeal evaluates cases. Here’s what sets Simko Law Group apart:
- Former prosecutor experience – We know how the state builds cases because we used to do it, which means we also know common errors prosecutors make
- Knowledge of St. Lucie County courts – We’re familiar with the local judges, prosecutors, and trial issues that come up in St. Lucie County cases
- Understanding of Fourth District precedent – We know which legal arguments the Fourth District Court of Appeal have responded well to and which ones fall flat
Ultimately, appealing a criminal conviction in St. Lucie County, FL, comes down to legal precision. You need an attorney who can review hundreds of pages of trial transcripts, identify appealable issues, and craft persuasive legal arguments that give you the best shot at relief.
And if there’s any chance the justice system made a mistake, why not take the opportunity to fight for your future?
Even if you’re not sure whether your case has strong grounds for appeal, call us today at (561) 951-1264 for your free consultation. We’ll review your trial record, identify any legal errors, and give you an honest assessment of your options.