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The Florida Criminal Appeals Process: 6 Key Facts to Keep in Mind
Being convicted of a crime is the worst-case scenario for most defendants. It can be a devastating result and leave you feeling like you’re out of options. But this isn’t necessarily the case. If you believe a mistake was made during your trial or another issue unfairly affected the outcome of your case, you can appeal the verdict to a higher court.
The criminal appeals process in Florida is complex, and it’s one where having the guidance of a criminal defense attorney can make things much easier to navigate. If you have questions about how the appeals process works or what to expect, the team at George Reres Law, PA, is here to help. Below, we’ve compiled a list of some of the most important things to know about the appeals process.
1. You Must Have Legal Grounds for the Appeal
Many defendants think they can automatically appeal a verdict because it wasn’t the outcome they hoped for, but this isn’t the case. You must have a reason for the appeal, which must be related to some error or serious issue with your case. Some potential grounds include the judge ignoring a key piece of evidence, juror misconduct, and unethical behavior from the prosecution. For example, if a defendant finds out after the trial that a juror was doing independent research on drug crime cases and appropriate sentencing, this could be juror misconduct.
2. Appeals Must Be Filed Within a Certain Timeframe
According to the Florida Rules of Appellate Procedure, defendants generally have 30 days to file a notice of appeal when the final judgment is rendered. This means it’s essential to act quickly. It’s not uncommon for defendants to be unaware of the appeal option or decide to file an appeal after it’s too late. When you have a criminal defense attorney representing you, they can ensure that you file your notice of appeal quickly and accurately to ensure you don’t lose access to this option.
3. An Appeal Can’t Introduce New Evidence
When you file an appeal, you’re asking a higher court to review the case to determine if an error was made during your trial that may have resulted in a different verdict. This means that the appeals court can only make its decision based on the record from the trial. You cannot base your appeal on any new evidence or testimony. If something new has been discovered that would have changed the outcome of your case, there are other options, such as a post-conviction motion, that may be more appropriate. The appeals court will only reverse the verdict if it finds that there was a legal error made somewhere in the original trial.
4. Your Appeal May Be Judged on the Brief Alone
The appellate court doesn’t follow the same procedures as the regular trial court. Remember that an appeal is to determine if there was a legal error made in your case, not to determine your guilt or innocence. An appeal isn’t a retrial, and many cases are reviewed based on only the appellate brief. The appellate brief is the document your attorney writes that explains how the lower trial court erred in the verdict and asks for it to be reversed. The prosecution will also write an appellate brief in response, arguing its position and asking for the judgment to be affirmed. If you want to be able to present an oral argument for your case, you must submit a formal request, and the court will decide whether to grant it.
The importance of the appellate brief is one reason why it’s critical to have your appeal handled by an attorney. You need someone who can write in a language the court understands, including referencing past legal cases with the proper citations and presenting a compelling legal argument for your case.
5. You May Have Other Options If Your Appeal Is Denied
Finding out that your appeal has been denied is disappointing, but it doesn’t have to mean the end of your fight for justice. There may be alternative options, such as post-conviction relief, a federal habeas corpus petition, or asking for clemency from the governor. Each of these options has its own place and application, and your attorney can discuss the pros and cons and help you determine which may fit your case. It can be challenging to continue to fight against the system after a conviction, but it’s imperative not to lose hope. Your attorney is there to be your advocate and ensure you exhaust every potential option.
6. Having Experienced Legal Representation Is Key for Your Appeals Case
The criminal appeals process hinges on in-depth legal knowledge and a familiarity with technical legal procedures. If you’ve been convicted and you believe you have grounds for an appeal, it’s critical to work with an attorney who has specific experience helping Florida defendants exercise this option. A knowledgeable appellate attorney can evaluate your case thus far, including what happened at the trial, to find the most substantial grounds for appeal and craft a compelling argument for the appellate brief.
Whether you’ve already been convicted and want to appeal or you want to ensure you have an attorney who is prepared to help you with all possible outcomes, George Reres Law, PA, can help. Our experienced criminal defense attorneys know how to identify potential errors and issues in your case that may be grounds for appeal, and we’re experienced at writing persuasive arguments that can help get your case reconsidered. The first step is to call our Fort Lauderdale office at 954-543-1186 to schedule an appointment.
