Experienced Appellate Advocacy
Florida Criminal Appeals
Wrongfully convicted? Excessive sentence? An experienced appellate attorney can fight to correct legal errors and protect your rights.
Call us 24/7: (555) 123-4567
What Is a Criminal Appeal?
A criminal appeal is a legal proceeding that asks a higher court to review the decisions made by the trial court. Unlike a trial, an appeal is not about re-examining the facts or presenting new evidence. Instead, it focuses on whether legal errors occurred that affected the outcome of your case.
The appellate court reviews the written record from your trial, including transcripts, motions, and evidence that was presented. Your appellate attorney identifies legal errors, researches applicable law, and presents written arguments (briefs) to the court explaining why your conviction or sentence should be reversed or modified.
If the appellate court finds that significant legal errors occurred, it may reverse your conviction, order a new trial, reduce your sentence, or provide other relief depending on the nature of the error.
How Appeals Differ from Trial
Appellate practice requires a different skill set than trial work.
At Trial
- Witnesses testify and evidence is presented
- Jury or judge determines facts
- Focus on what happened
- Oral advocacy and courtroom presence
On Appeal
- Review of written trial record only
- Appellate judges review legal issues
- Focus on whether law was followed
- Written briefs and legal research
Issues We Review
We thoroughly analyze your trial record to identify all potential grounds for appeal.
Critical Deadlines
Days to File Notice of Appeal
In Florida, you typically have only 30 days from sentencing to file a notice of appeal. This deadline is strictly enforced.
Do not wait. Even if you are unsure whether you want to appeal, preserving your right to appeal by filing a timely notice is critical. Contact an appellate attorney immediately after conviction or sentencing to discuss your options.
What an Appeal Is Not
Understanding the limitations of the appellate process helps set realistic expectations.
A new trial
Appeals review legal errors; they don't retry the facts of your case.
A chance to present new evidence
The appellate court only reviews what was presented at trial.
A way to challenge factual findings
Appellate courts defer to the jury's assessment of witness credibility and facts.
Appeals FAQ
Common questions about the criminal appeals process.
In Florida, you generally have 30 days from the date of sentencing to file a notice of appeal in criminal cases. This deadline is strictly enforced, so it's critical to contact an appellate attorney immediately after conviction or sentencing. Missing this deadline can forfeit your right to appeal.
Success rates vary depending on the issues presented and the strength of the appellate record. Not every case has viable appellate issues. A thorough review of your trial record is necessary to identify potential errors and assess the likelihood of success. We provide honest assessments during our initial case review.
Generally, no. Appeals are limited to reviewing what happened at the trial court level based on the existing record. However, newly discovered evidence may be grounds for post-conviction relief through other legal mechanisms, which we can discuss during your consultation.
In most cases, you will remain incarcerated while your appeal is pending. However, in certain circumstances, you may be eligible for bond pending appeal. This is more common in misdemeanor cases or where the sentence is short relative to the expected appeal timeline.
Think You Have Grounds for Appeal?
Time is critical. Contact us today for a thorough review of your case and an honest assessment of your appellate options.