Legal Question in Criminal Law in Florida

I was convicted by a jury. I served my one-year sentence, yet still I wait. I have spent almost three years waiting for a three judge panel to either affirm or reverse. For reasons that can't be articulated in a public forum, I need a new trial.

My question is, in Florida, am I permitted to request a new trial prior to a probable, perhaps even predictable reversal?


Asked on 6/25/14, 11:32 am

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

I am assuming a motion for new trial was made after the verdict and denied. It would not be timely at this point anyway. Other than making that motion which I can not imagine would be granted, you can only wait the results of your appeal. It would be double jeopardy to retry you for a case where there is a standing conviction. In fact the state may not even bother to retry you if you happen to win since it sounds like you already served your time anyway.

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Answered on 6/25/14, 11:54 am


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