Florida Appeals Lawyer

A jury’s findings of guilt in a criminal case can feel extremely final. However, an opportunity to appeal may exist that could overturn a conviction and provide justice for your case. A Florida appeals lawyer familiar with the state’s criminal procedure laws could provide key representation during the appeal process. Our skilled criminal defense attorneys could protect you from errors during the arrest or trial that infringed on your rights. 

What Is an Appeals Lawyer?

A Florida appeals attorney takes cases that seek further review of court rulings, judgments, and other decisions by the state’s higher courts. Florida has two appellate courts, starting with the District Courts of Appeal and the Supreme Court. A convicted defendant has two opportunities to seek a review of their case through these appellate courts when an outcome is the result of error and other misconduct. An appeals lawyer has experience navigating the often-complex procedural rules for criminal appeals and has a firm understanding of the potential issues that could lead to a successful appeal of a criminal case.

The Possible Outcomes of Appealing a Criminal Conviction

Appealing a criminal conviction or another ruling in a case could result in several different outcomes. The court could reverse the lower court’s decision and send the case back to trial with new orders that could change the outcome of the case. The appellate court could also vacate the lower court decision and require a new trial to take place. However, the prosecution may be less likely to retry the case, depending on the underlying reason for the appeal. For example, evidence may demonstrate the convicted defendant’s innocence by establishing an alternative suspect. An appeal could also result in no change in the outcome of the case by the appeal court either declining to review the case or approving the lower court’s decision.

Reasons for Appealing a Criminal Case

An appeal could be available in a criminal case for many different reasons. A top issue that could lead to an appeal is if a defendant did not have proper counsel during the proceeding. An appeal based on ineffective assistance of counsel could be possible in situations where a defendant’s attorney:

• Failed to raise obvious arguments or defenses in a case
• Did not dispute the use of inadmissible evidence
• Failed to inform the defendant of their key rights

For example, an attorney may have failed to communicate to a defendant about their right to testify or to agree to a plea deal. 

Pre-trial problems could be another source for an appeal in a criminal case. These issues could include concerns about the issuance of a search warrant, how evidence was obtained, and other circumstances of an arrest that violate state or constitutional rights. Errors with jury selection or management that led to a biased jury could also allow for an appeal of the case. 

Does Florida Law Have a Deadline to Appeal?

Florida Rule of Appellate Procedure 9.140(b)(3) imposes a 30-day period for a defendant to appeal their case by filing a notice with the clerk of the lower court. The deadline to file within 30 days begins after the court makes a final judgment. It’s important to consult with a knowledgeable appeals lawyer as soon as possible after judgment to review for potential errors that could allow for a successful appeal and timely file notice with the court. 

Meet With a Florida Appeals Attorney Today

Having an experienced Florida appeals lawyer review the facts and transcript from a case can provide a valuable, objective evaluation of your rights. The criminal case process is human in nature, making the possibility of errors an unfortunate reality that can significantly impact your rights. 

Take the first step in defending your rights to a fair trial by meeting with a Florida appeals lawyer at Price Benowitz for a free case evaluation.