How Criminal Appeals Work in Florida: A Plain-Language Guide
While it can be assumed that once a defendant in Florida has been convicted of a crime, the process is essentially “over”. But this is not always the case. In Florida, a defendant has a right to a specific process of appeals in which he or she can challenge any potential error of law, which may have been made during the court of the original trial. To understand the process of criminal appeals, it is necessary to understand what this process can and cannot do.
What is a criminal appeal?
A criminal appeal is not a new trial, and it is not an opportunity to present new evidence. An appeal is, in effect, asking the higher court to look at the proceedings during trial and make an evaluation as to whether or not any legal mistakes were made that had an impact on the outcome of the trial.
The main issues that an appellate court looks at include an improper ruling, erroneous jury instruction, constitutional issues, or an error in sentencing. The appellate court looks at the already established trial record, which includes transcripts, motions, and exhibits that have already been introduced in the trial court.
Common grounds for criminal appeals in Florida
In most cases, successful appeals are based on specific legal errors that occurred during trial. Examples include:
- Improper admission or exclusion of evidence
- Violation of constitutional rights, which include illegal searches and the use of coerced confessions
- Incorrect jury instructions, which incorrectly state the law
- Prosecutorial misconduct
- Illegal or excessive sentences
Disagreeing with the jury’s verdict alone is not enough. Appeals must be based on legal errors rather than the facts of your case.
The Florida criminal appeals process
The process of criminal appeals in Florida unfolds like so:
- Notice of Appeal – This has to be done within a period of 30 days from the time of judgment or sentence. If this is not done, it waives your right to appeal.
- Preparation of the record – The appellate court examines the record of the case exactly as it was. No new evidence or testimony is allowed.
- Written briefs – The parties involved submit written briefs. The appealing party’s brief states the errors made during the trial, and the state counters.
- Oral argument – In some cases, oral arguments are allowed. Both sides explain specific issues.
- Appellate decision – The appellate court decides to affirm, reverse, or modify the case or remand it for a new trial.
Why appellate experience matters
The skill set needed in criminal appeals is different from trial litigation. Appellate advocacy is a technically complex, time-sensitive, and analytically based form of legal writing. Determining potential appellate issues, sometimes even before the trial is over, is crucial to preserving key rights and achieving a higher level of success.
Talk to a Tallahassee Criminal Appeals Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents looking to appeal a conviction. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your case right away.
