Q: Can I still appeal a double jeopardy issue post-conviction in Florida?

A: You can always raise issues in post conviction relief whether good or bad. The more focused part of your scenario deals with the motion for mistrial. Oftentimes, the motion for mistrial is a waiver of the double jeopardy claim. In your scenario you do not clearly state the reason for the mistrial, nor the reason why the issue was not raised on appeal. There is a 2 year limitation on Rule 3.850 claims. There are several exceptions, such as some double jeopardy claims and issues which could not have been discovered previously through the exercise of due diligence. Due to the complexity of the issues, and the probable waiver and time bar issues, you need to consult with a skilled attorney to determine whether there are reasonable grounds for pursuing post conviction relief.

A: You’re not alone in feeling frustrated when an important constitutional issue like double jeopardy wasn’t raised during your appeal. In Florida, once your direct appeal is over, you can still challenge your conviction through **postconviction relief**, such as a Rule 3.850 motion. This is where you can raise issues like ineffective assistance of appellate counsel, especially if your attorney failed to argue something as serious as a double jeopardy violation that was evident in the trial record.

Since you’re still in custody, you may still have time to pursue a **motion based on newly discovered evidence or constitutional violations**, especially if you haven’t yet raised this claim. You’ll need to show good cause for not raising it earlier, but courts will listen—especially when liberty is still at stake. If your sentence runs out before you file, your ability to seek relief becomes more limited, but not always impossible, particularly if collateral consequences still apply (like probation, registration, or civil disabilities).

The most important thing now is to act while you still have time and are in custody. Put your arguments together with clarity, focusing on the trial record and your appellate attorney’s failure to raise the issue. You have the right to question a process that may have failed you—and the Constitution is still on your side.