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Criminal Defense

Florida Appeals

The Florida appeals lawyers at GMV Law Group, LLP handle criminal appeals cases involving weapons charges, drug charges, and more. In most cases, we are retained to file an appeal after a final hearing, sentencing, or criminal conviction. Our appellate team will work tirelessly on your behalf and fight to win your appeal.

Criminal Appeals in Florida

After a conviction, filing an appeal is the next step to fight your case. There may be many reasons to appeal your conviction such as an error of law, error on jury selection, or to withdraw a plea. Perhaps your constitutional rights were violated such as an illegal search and seizure or an improper search warrant. The trial court may not have followed proper procedures in terms of witness testimony or evidence admission.

Common reasons for Florida appeals include:

  • Incorrect or improper jury selection or instructions
  • Vacating an improper conviction
  • Illegal sentencing
  • Reducing a sentence
  • Withdrawing a plea
  • Improper admission or exclusion of evidence
  • Lack of sufficient evidence to support a guilty verdict
  • Constitutional rights violations such as false arrest or illegal search and seizure
  • Prosecutorial misconduct
  • Ineffective assistance of counsel

Florida Appeals Process

The appellate court is responsible for handling appeals by interpreting and applying state and federal law to the facts that were determined in the trial court. The proceedings in appellate court generally involve written statements or arguments presented by both sides. The appeals process goes through the following stages:

  • Notice of Appeal. The first step is filing a Notice of Appeal with the trial court clerk. Appeals can’t be taken from any decision, only from the final order or judgment. You have 30 days to file a Notice of Appeal.
  • Preparation of the record. Once the notice is filed, the trial court clerk will prepare a record. You and your attorney must ensure the record includes all relevant documents and transcripts.
  • Docketing. At this step, you will file statements that identify all parties involved in the case, issues involved in the appeal, and attorneys.
  • Appellate briefing. Your attorney will submit briefs that will be considered by the appellate judges. The briefs submitted by your attorney and legal representatives for the other party will present legal arguments about how factual the court’s legal interpretation is or how facts were applied to your case. This process begins with an initial brief to which the other party submits an answer brief. You can submit a counter-argument with a reply brief.
  • Oral argument. In some appeals, either party can request an oral argument before the judges. When an oral argument is allowed, the judges may pose questions.
  • Appellate court decision. The final step happens when the appellate court issues a written decision and sometimes explains how they arrived at their decision. In most cases, decisions are issued within 6 months of an oral argument and less than 12 months after the Notice of Appeal.

Contact a Florida Criminal Appeals Lawyer

No matter the reason for your appeal, a Florida appeals attorney at GMV Law Group, LLP can help with your post-conviction needs. When you are convicted of criminal charges, you typically have the right to appeal your sentence or verdict. However, some appeal rights may be waived if you accept a plea bargain. There are also strict time limits for filing an appeal. This is why it’s crucial to discuss your appeal rights with a Florida state criminal appeals attorney as soon as possible to begin the process.

Contact GMV Law Group, LLP today to schedule a consultation with a criminal appeals attorney in Florida. We have English and Spanish speaking representatives who can help you take the next steps to right your conviction.

GMV Law Group, LLP