Appealing Your Case In Florida Courts
If you believe a Florida state court made a mistake during your trial that had a significant, adverse effect on the outcome, you can file an appeal after sentencing. You have 30 days after conviction to file a notice of appeal.
You may appeal the decision, verdict or sentence for conviction of any type of criminal charge. It is important to have the right lawyer working on your appeal, however. Appeals and post-conviction motions are complex proceedings that differ from trial law. You need an attorney experienced in appellate work. Contact our state appeals lawyers at O’Brien Hatfield Reese, PA, for experienced appellate representation.
Introduction To State Appeals And Post-Conviction Motions
State appeals and/or state post-conviction motions can include direct appeals, habeas corpus petitions, ineffective assistance of counsel motions and 3.850 motions to set aside a sentence.
A direct appeal requests that an appellate court examine the record of your trial for legal errors that affected the verdict or sentence. The types of errors that the appellate court may consider include improperly admitted or excluded evidence, errors in the pretrial or trial rulings by the judge or issues of bias during jury selection.
If your direct appeals have been denied, you can file a writ of habeas corpus. This writ asserts that the defendant’s rights have been violated by imprisonment. A habeas corpus petition can be filed in state or federal court, but all state post-conviction options must be attempted before you can file in federal court.
Post-Conviction Motions In Florida State Court
If you have been convicted of a crime through either a guilty plea or a jury trial, it is important to remember that you are not out of options. Florida law gives you the right to file post-conviction motions, even after an appellate court rejects an appeal.
Filing a motion, such as the 3.850 motion, is a complicated process, and you should have experienced appellate attorneys in your corner to represent you.
3.850 And 3.800 Motions In Florida Courts
This type of motion is to vacate, correct or set aside a conviction and sentence. This can be because of several factors:
- New evidence has come to light, such as an alleged eyewitness recanting his or her previous testimony.
- Prosecutors withheld evidence that could have benefited your defense.
- Your criminal or appellate attorney failed to competently represent you.
- The appellate court ignored your constitutional rights when rejecting your appeal.
- You were coerced by law enforcement into accepting a plea deal.
We could also potentially file a 3.800 motion on your behalf, which alleges that your sentence fell outside Florida law. This could be an option if the court illegally applied sentencing enhancements or failed to take time served into account.
If you have no other options at the state level, our attorneys, who have handled several hundred cases in federal courts, can file a writ of habeas corpus on your behalf.
Contact A Florida State Appeals Lawyer
There are strict statutes of limitations for filing appeals, post-conviction motions and writs in Florida. For a free initial consultation, please call our Tampa office at 813-345-4909 or contact us online today.