How Do I Appeal a Criminal Conviction in Orlando?

If you are found guilty of committing a crime in Florida, you have the right to file an appeal. It is important to understand, however, the limits of the appellate process. An appeal is not a new trial. Rather, it is a process for reviewing possible legal errors made during your trial.

How Does an Appeal Begin?

In most cases, an appeal begins by filing a Notice of Appeal with the court that handled your trial. In Orlando, most criminal cases are handled by the Ninth Judicial Circuit Court. So you would file your notice with that court.

The trial court will then forward the notice to the appropriate District Court of Appeal. Florida has six District Courts, each of which oversee a particular region of the state. Appeals from the Ninth Judicial Circuit are heard by the Sixth District Court of Appeal.

What Happens During an Appeal?

As previously noted, an appeal is not a re-trial. The actual appellate process is largely conducted through written filings with the court. When you file an appeal, you must arrange to have a record and transcript of your trial sent to the Sixth District. You will then have an opportunity to file a written brief outlining your arguments–that is, explaining what legal errors you believe were made during your trial. The state will then have an opportunity to file its own brief.

In some cases, the Sixth District will hear oral argument in an appeal. An oral argument gives each side a brief amount of time–usually no more than 10 or 20 minutes–to present their case before a panel of judges and answer any questions the court might have about the case.

Most criminal appeals in Florida are decided by a three-judge panel. If the judges disagree as to the result, majority rule prevails. If the court finds there was a legal error made during your trial, it can order a new trial or reverse your conviction. Keep in mind, however, that not all errors automatically lead to reversal.

Can You Appeal to the Supreme Court?

A criminal defendant in Florida has a right of direct appeal to the District Court. Beyond that, any review by a higher court is at that court’s discretion. This means that if the District Court rejects your appeal, you may ask the Florida Supreme Court–or beyond that, the United States Supreme Court–to review your case. But those courts are not obligated to hear your appeal.

Can the Prosecution Appeal?

If a jury finds your “not guilty,” that verdict is not subject to appeal. Prosecutors may, however, appeal a pre-trial decision to suppress certain evidence, such as drugs obtained during an illegal search. The state can also appeal a trial judge’s decision to grant the defendant a new trial notwithstanding the jury’s guilty verdict.

Contact an Orlando Criminal Appeals Lawyer Today

As you can see, the process of appealing a guilty verdict in Florida is quite complex. That is why you need to work with an experienced Orlando criminal appeal lawyer. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.