Criminal Appeals in Florida: The Process and Working with a Defense Lawyer

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Last Updated on: 3rd November 2023, 07:11 pm

Criminal Appeals in Florida: The Process and Working with a Defense Lawyer

So you or your loved one was convicted of a crime in Florida. That really stinks! But don’t lose hope just yet – you may still be able to appeal the conviction and get a second chance. Appealing a criminal conviction can be complicated though, so working with an experienced criminal defense lawyer who knows the ins and outs of the appeals process is highly recommended. This article will walk you through how criminal appeals work in Florida, when you can file an appeal, what happens during the process, and why having a knowledgeable lawyer on your side can make all the difference.

When Can You File a Criminal Appeal in Florida?

In Florida, you generally have to file your notice of appeal within 30 days after the judgment and sentence. This timeline is pretty strict, so don’t delay in contacting a lawyer to get the ball rolling! Some key things to know:

• You can appeal both convictions after a trial, and sentences imposed after pleading guilty.
• Not everyone can appeal – your lawyer will determine if you have legitimate grounds.
• Act fast! Waiting too long means you lose your right to appeal.
• An experienced criminal defense lawyer can properly file the notice of appeal for you and advise if your case merits an appeal.

Bottom line – if you think your trial had serious errors, talk to a lawyer ASAP about appealing!

How Does the Criminal Appeal Process Work in Florida?

The appeals process has a number of key steps, which we’ll break down:

Filing the Notice of Appeal

This is the initial document you must file to kick off the formal appeals process. It notifies the court that you intend to appeal. Your lawyer will file it for you in the court where your original criminal case was heard.

Preparing the Record

Next, the court clerk gathers all the documents and transcripts from your original criminal case. This is called the “record on appeal.” Your lawyer will review it to identify potential appeal issues.

Filing the Initial Brief

Here is where your lawyer presents the legal arguments explaining why your conviction or sentence should be overturned. The brief cites the trial record and explains the trial court’s errors and how they harmed you.

Opposing Side Files an Answer Brief

The prosecutor will file a brief responding to your arguments and defending the trial court’s decisions.

Your Lawyer May File a Reply Brief

Your lawyer gets a chance to counter the prosecutor’s arguments. This step is optional.

Oral Arguments (Optional)

Either side can request oral arguments before a panel of appeals court judges. This is more time to present arguments, but not all appeals have oral arguments.

The Appeals Court Decision

The appeals judges will issue a written decision explaining if they agree or disagree that harmful errors affected your case. If they find serious errors, they can overturn your conviction or order a new trial.It’s a lot of steps! Having an experienced criminal appeals lawyer to guide you is critical.

Why Hire a Lawyer for a Criminal Appeal?

You can technically file a notice of appeal yourself, but appealing without a lawyer is extremely unwise. Criminal appeals are very technical and complex. An appeals lawyer knows how to:

• Determine if you have legitimate appealable issues.
• Find mistakes “hidden” in the trial record.
• Present persuasive arguments in your briefs.
• Effectively argue before appeals judges if oral arguments are granted.
• Interpret the appeals court’s decision and advise you on next steps.

Going it alone without this expertise is super risky! Don’t let filing paperwork yourself give you a false sense of security. Having a knowledgeable Florida criminal appeal attorney in your corner can make all the difference.

What Are Your Chances of Winning a Criminal Appeal in Florida?

We won’t sugar coat it – overturning a conviction on appeal is challenging. Appeals courts give a lot of deference to the trial court’s decisions. Still, an experienced appeals lawyer can help maximize your chances if errors did occur in your case. Some key statistics:

• Only around 8-15% of criminal appeals result in the appeals court reversing the conviction or sentence.
• Over 50% of appeals result in the trial court’s decision being affirmed or upheld.
• The remaining appeals result in some modification or partial reversal.

While daunting, with an attorney’s help you still have a fighting chance! The appeals lawyer can thoroughly scour the record for issues the trial judge or your defense lawyer may have missed or failed to properly object to. This gives you the best shot possible.

What Kinds of Things Can You Appeal?

If serious mistakes were made that violated your rights or deprived you of a fair trial, you may have grounds for an appeal. Common appeal issues include:

• Illegal search and seizure: Evidence was obtained illegally in violation of your 4th Amendment rights.
• Improperly admitted evidence: Certain evidence used against you should have been excluded.
• Ineffective assistance of counsel: Your defense lawyer’s mistakes negatively impacted your case.
• Prosecutorial misconduct: The prosecutor behaved improperly.
• Judicial bias or error: The judge was unfair or made key mistakes.
• Excessive or illegal sentence: Your sentence went beyond what was legal or just.

A knowledgeable lawyer can identify issues like these, explain how they affected you, and argue for an appeal.

What Happens If You Win Your Criminal Appeal?

The appeals court has power to provide different types of relief if they find harmful errors occurred in your case:

• Reverse the conviction: This overturns your conviction entirely.
• Remand for new trial: The conviction is reversed and your case goes back to the trial court for a new trial.
• Remand for re-sentencing: The conviction stands but you get a new sentencing hearing.
• Modify the sentence: The appeals court may reduce your sentence if it was excessive.
• Reverse a charge: One or more charges you were convicted of could be overturned.
• Affirm in part, reverse in part: Some convictions or sentences are upheld and others overturned.

As you can see, winning an appeal can potentially get you a whole new trial, a shorter sentence, certain charges dropped, or even your entire conviction reversed. Don’t give up hope!

Other Options If Your Appeal Fails

If you exhaust your direct appeal options and the conviction still stands, there may still be other avenues to continue challenging it:

• State post-conviction relief: File a motion to vacate your conviction based on new evidence, ineffective counsel, etc.
• Federal habeas corpus: Claim your imprisonment violates federal law and petition the federal courts.
• Clemency: Seek a pardon or commutation of your sentence from the governor.

So all hope is not lost if your direct appeal does not succeed. An attorney can advise you on other ways to keep fighting for your freedom or a shorter sentence.

Conclusion – Don’t Go It Alone!

Appealing a Florida criminal conviction is a complex process with a lot at stake. Having an experienced criminal defense lawyer represent you can maximize your chances of success. Act quickly to preserve your appeal rights – most appeals must be filed within 30 days after sentencing. A knowledgeable attorney will strategically build the strongest arguments to give you the best shot at overturning your conviction or sentence. With an attorney in your corner, you can continue the fight for justice!