At The Law Offices of Daniel J. Fernandez, P.A., we represent individuals appealing a criminal conviction throughout the State of Florida. Direct appeals typically occur after a motion to suppress or dismiss is denied, after a guilty verdict at trial, or a violation of probation hearing in both misdemeanor and felony cases.
At both the state and federal court levels, there are many options for obtaining relief after a criminal conviction or sentence. In the State of Florida, typically one of the five Florida District Courts of Appeals will hear appeals that are filed for state court cases. On the other hand, federal cases that are appealed are usually brought before the United States Court of Appeals for the Eleventh Circuit.
Our firm handles criminal appeals throughout the state of Florida, including Hillsborough County, Pinellas County, Pasco County, Polk County, Hernando County, Manatee County, Sarasota County, and Citrus County. We also handle federal appeals.
What Is An Appeal?
Mistakes in a criminal trial can affect several important parts of the process, from the evidence to rulings on motions, the jury’s final decision, or even the overall outcome of a case. For this reason, a person who has been convicted of a crime may choose to file an appeal of his or her case. This involves asking a higher court to review a case for errors that were made in the trial court, either when the law was applied, the conviction was reached, or the sentence was decided.
An appeal is not a new trial. It is an opportunity for the higher court to review and possibly change the case result if it was based on a legal mistake that unfairly de-railed the outcome. For instance, defendants (called ‘the appellant’ in the appeal process) commonly use their appeal to argue that:
- the appellant should be re-tried
- the appellant should be re-sentenced, or
- the entire case should have been dismissed.
Typically, the attorney representing the appellant takes on the task of writing a brief and presenting oral arguments before the judges.
If you are interested in filing an appeal but have questions, it may be best to speak with a lawyer about your case.
What Does An Appeal Cost?
In an appeals process, the cost is understandably a big question, but the honest answer is that there is no ‘average’ price for an appeal. The amount of money required for an appeal varies greatly depending on a number of factors, such as the complexity of the case and what issues the appellate court is asked to hear. Reaching a number for the cost of an appeal requires gathering information to be looked at by an experienced appellate lawyer. It may also be best to ask a lawyer about how they structure their agreements when it comes to fees and costs that come up throughout an appeal–for example, filing fees, transcripts, and the costs of preparing the record on appeal.
If you have questions about filing an appeal, contact us to help with your case today.
How Long Does An Appeal Take?
It may take a number of months for an appeal to be heard and decided. Every case is different, so there may not be a clear timeline to know how long the process will take. However, most states do require a defendant to notify the courts and the government of the intent to appeal very soon after a conviction or sentence. For that reason, it is imperative that you not delay in contacting an attorney.
Finding A Defense Lawyer
If you are interested in filing an appeal, it’s important to contact a defense lawyer as soon as you can. The more time you wait, the more time you give the prosecution to ‘get their ducks in a row’. Additionally, trial testimony must be transcribed and the record on appeal must be produced by the clerk for the court of appeal to review. We will provide you with a free consultation where you will speak directly with one of our attorneys.
The Law Office of Daniel J. Fernandez, P.A. is designed to swiftly resolve any difficulties that you may face. Our attorneys continue to strive upon improving and bettering the situations of our clients. Contact us today so we can fight for you and protect your rights. Call (813) 229-5353.