If you’ve been convicted of a crime in Florida, the consequences can be life-changing. That may include fines, probation, loss of professional licenses, and time in jail or prison.
But a conviction is not always the end of the road. If you believe the court made a serious mistake in your case, you may have the right to appeal the decision.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.
Below are answers to some of the most common questions I hear from clients throughout Florida who are considering appealing their criminal conviction.
What Are the Grounds for Appealing a Criminal Conviction?
An appeal isn’t just a second chance to argue your case, you must show that a legal error occurred during your trial that affected the outcome.
In Florida, grounds for appeal can include:
- Mistakes in how evidence was admitted or excluded
- Incorrect jury instructions
- Prosecutorial misconduct
- Ineffective assistance of counsel
- Violations of constitutional rights
- A judge’s improper legal rulings
An appellate court reviews the trial court’s record, not new evidence, to determine whether your rights were violated and whether that violation justifies overturning the conviction or ordering a new trial.
How Soon Do I Need to Appeal a Conviction in Florida?
Time is critical. In Florida, you must file a Notice of Appeal within 30 days of the final judgment and sentence being entered.
Missing this deadline almost always means you lose your right to appeal, no matter how strong your case may be.
Because of this short window, you should contact an appellate attorney as soon as possible after sentencing to protect your rights.
How Do I File a Notice of Appeal?
There are two main ways to file your Notice of Appeal in Florida:
Orally in court at the time of sentencing, by informing the judge that you intend to appeal; or
In writing, by filing a Notice of Appeal with the clerk of the court where your case was tried, within the 30-day deadline.
Your attorney can handle this filing on your behalf and make sure it’s done properly to avoid delays or dismissal of your appeal.
What Information Do I Need for My Appeal?
Once your Notice of Appeal is filed, the appellate process begins. A key part of this process is obtaining the official trial transcript and court record, which your attorney will review in detail.
Your appellate lawyer will analyze everything that happened at trial to identify legal errors and develop the arguments that will form the basis of your appeal. This becomes part of what’s known as the record on appeal, which is submitted to the appellate court.
What Happens Next?
After the record is prepared, your attorney will file an initial appellate brief, a legal document that explains why the conviction or sentence should be reversed or modified. The State will then file a response brief, and your attorney may have an opportunity to reply.
From there, your case will go to the Florida District Court of Appeal that has jurisdiction over your case (such as the Fourth DCA for Palm Beach County or the Third DCA for Miami-Dade).
The court may rule based on the written briefs or schedule oral argument, where your attorney presents your case in person.
If the appellate court agrees that a serious legal error occurred, it may:
- Reverse the conviction
- Order a new trial
- Modify your sentence
- Dismiss certain charges
Do I Need an Attorney to Appeal My Conviction?
Technically, you’re allowed to file an appeal on your own (called pro se), but Florida’s appellate process is highly technical and procedural. One missed deadline or improperly filed brief can end your case.
That’s why it’s critical to work with an experienced criminal appeals attorney. Appellate law is very different from trial work, it requires a detailed understanding of legal standards, strong legal writing, and experience navigating Florida’s appellate courts.
A skilled lawyer can identify issues in your trial that may not be obvious to you or even to your trial attorney. If you want to give yourself the best chance at overturning a wrongful conviction or reducing a harsh sentence, having the right legal advocate can make all the difference.
Let’s Talk About Your Appeal
If you or a loved one has been convicted of a crime in Florida and you’re considering an appeal, don’t wait. The clock is ticking, and early action gives you the best chance at success.
I have extensive experience handling appeals in Florida courts and can review your case to determine your options. Contact my office today for a confidential consultation.
If you need an appeal, the best time to hire a criminal defense attorney is immediately.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
If you need help with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.