Cantonment ➔ Pensacola ➔ Navarre Marijuana ➔ DUI ➔ Violent Felony Crimes Alabama & Florida Appeals Attorney Jason Cromey
Being convicted and sentenced does not necessarily mean nothing is left to do. In Florida State Courts, defendants have a right to appeal their judgment and sentence. While rare exceptions exist, a person only has 30 days to file their Notice of Appeal. For this reason, it is really important that you contact an experienced criminal appellate attorney to discuss what happened at the trial level and how to proceed quickly with your appeal. A successful appeal can result in various outcomes, such as a new trial, dismissal of the charges, a reduced sentence, or overturning convictions.
You must file your notice of appeal within thirty days of being sentenced. After the clerk of court receives the notice of appeal, the clerk will start putting together the record on appeal. The appeal record contains all the relevant documents from the trial court file. It also includes transcripts from your court hearings, such as a hearing on a motion to suppress, the trial itself, or your sentencing hearing. The clerk will provide one copy of the record on appeal to your lawyer and one to the attorney general’s office. After receiving the record, your attorney will review it and start working on the initial brief. An initial brief is a legal document that explains what happened at the trial level and a summary of the facts of the case. The brief will identify the legal rulings you are appealing. Your lawyer will explain why you should win by applying the relevant law to the facts of your case. Once your lawyer files the brief with the appeals court, the Attorney General will file an answer brief. In their brief, the government will present additional facts they believe are relevant and will respond to the arguments your lawyer has made. Finally, your attorney will have the opportunity to respond to the government’s answer brief to shore up any loose ends. In some cases, there will be an oral argument before the appellate court. Once all the briefing and arguing are complete, the Appellate Court will issue an opinion containing its decision on the matter.
Keep in Mind
You must file your notice of appeal within thirty days of being sentenced. Remember — typically, you only have the right to one appeal of your case. It is important not to wait too long and waste the opportunity to get a second chance at trial, a reduced sentence, or other relief. Contact our office today for a free consultation about your appeal rights or those of a friend or loved one.
Post-Conviction Relief (3.850)
If you lose your appeal, you are still not out of options. One possibility is that your attorney failed to provide you with effective representation. Examples are when an attorney does not properly investigate witnesses, fails to make important objections, or they don’t file essential motions. Other examples are when an attorney fails to present sufficient evidence at a sentencing hearing or when you made a significant decision based upon incorrect or incomplete advice from your lawyer. Finally, other situations can involve discovering new evidence that would have led to your acquittal. In Florida, you have two years from when your sentence becomes final to file a motion for post-conviction relief. The procedural requirements can be complicated, and it is important to have an attorney who knows the law and the rules to be on your side. Contact us so that we can help you throughout the process.
