Board-Certified Criminal Trial Lawyer
After a criminal conviction in Florida, defendants face sentencing, potential incarceration or probation, and long-term consequences affecting employment, housing, and civil rights. However, the legal process does not end with conviction. Defendants may pursue appeals, seek post-conviction relief, or eventually qualify for record sealing or expungement. Understanding these options helps defendants and their families plan for the future. A Panama City criminal defense attorney at The Sombathy Law Firm can explain your post-conviction options and help you move forward.
The Sentencing Process
After a conviction, whether by guilty plea or trial verdict, the court schedules a sentencing hearing. In Florida, sentencing may occur immediately after conviction or weeks later depending on the complexity of the case. The judge considers the Florida Criminal Punishment Code, which calculates a sentencing scoresheet based on the offense severity, prior record, victim injury, and other factors.
Defendants have the right to present mitigating evidence at sentencing, including character witnesses, treatment records, employment history, and evidence of rehabilitation. The Sombathy Law Firm helps clients prepare for sentencing hearings by gathering supporting evidence and presenting arguments for the most favorable outcome possible.
Types of Criminal Sentences
Florida judges may impose various sentences depending on the offense and circumstances. Incarceration ranges from county jail for misdemeanors to state prison for felonies. Probation allows defendants to remain in the community under supervision with conditions such as regular reporting, drug testing, community service, and restrictions on travel. Some cases result in a combination of jail time followed by probation.
Other sentencing options include fines, restitution to victims, house arrest, and mandatory treatment programs. For certain offenses, the court may impose sex offender registration requirements or driver’s license suspension. Understanding the full scope of potential consequences helps defendants make informed decisions throughout the process.
Filing an Appeal
Defendants convicted at trial have the right to appeal to a higher court. Appeals must be filed within 30 days of sentencing in most cases. An appeal argues that legal errors occurred during the trial that affected the outcome. Common grounds for appeal include improper jury instructions, inadmissible evidence, ineffective assistance of counsel, and sentencing errors. The Florida Courts appellate process involves written briefs and sometimes oral argument.
Appeals do not retry the case or consider new evidence. The appellate court reviews whether the trial court followed proper procedures. If errors are found, the court may order a new trial, modify the sentence, or in rare cases dismiss the charges. The Sombathy Law Firm can evaluate whether grounds for appeal exist in your case.
Post-Conviction Relief Options
Beyond direct appeals, Florida law provides several post-conviction remedies. A motion under Florida Rule of Criminal Procedure 3.850 allows defendants to challenge convictions based on newly discovered evidence, ineffective assistance of counsel, or constitutional violations not raised on appeal. These motions have strict time limits and procedural requirements.
For defendants who accepted plea agreements, options may be more limited. However, pleas can sometimes be withdrawn if the defendant was not properly informed of consequences or if the prosecution failed to honor its commitments. The Sombathy Law Firm reviews plea agreements and advises clients on available remedies.
Probation Requirements and Violations
Defendants sentenced to probation must comply with all conditions or face violation proceedings. Common conditions include maintaining employment, avoiding new criminal charges, submitting to drug testing, completing community service hours, and paying fines or restitution. Probation officers have significant authority to impose additional requirements.
A probation violation can result in the court revoking probation and imposing the original maximum sentence. Even technical violations like missing appointments can have serious consequences. If you are accused of violating probation, contact The Sombathy Law Firm immediately to discuss your defense options.
Record Sealing and Expungement
Florida law allows certain criminal records to be sealed or expunged, but eligibility is limited. Generally, defendants who completed pretrial diversion or whose charges were dismissed or resulted in acquittal may qualify for expungement. Those who completed probation for certain offenses may qualify for record sealing. However, convictions for most felonies and many misdemeanors remain on your record permanently.
A sealed record is hidden from most public searches but remains accessible to law enforcement. An expunged record is physically destroyed except for certain retained information. The Sombathy Law Firm can assess whether you qualify for sealing or expungement and guide you through the application process.
Life After a Conviction
Criminal convictions affect life beyond the courtroom. Employment opportunities narrow as many employers conduct background checks. Housing applications may be denied. Professional licenses can be revoked or denied. Felony convictions result in loss of voting rights until rights are restored. Immigration consequences can include deportation for non-citizens.
Understanding these consequences early allows defendants to make better decisions about plea offers and to begin planning for life after the case concludes. The Sombathy Law Firm discusses collateral consequences with every client so they understand the full impact of their options.
If you or a family member has been convicted of a crime, The Sombathy Law Firm can help you understand what comes next. Contact The Sombathy Law Firm to discuss your post-conviction options.
