Appeals & Post-Conviction Relief

As you may know, the criminal appeals process can be a long and complicated ordeal. The direct appeal following your judgment and sentence is crucial as it may be the only opportunity to have legal issues reviewed by a higher court.  In reviewing your entire case, an appellate attorney will analyze the trial record to determine the existence of appealable issues, such as whether your constitutional rights were violated, or whether the trial court made erroneous rulings.  It is the appeals attorney’s responsibility to review the entire record of your trial, research the issues, and prepare written arguments.  In certain cases, the appeals attorney may conduct oral argument, wherein the attorney must have the ability to present a persuasive argument to the court of appeals. 

In addition to reviewing your case for direct appeals, the appeals attorney may analyze your case for possible post-conviction remedies.  In the State of Florida, post-conviction motions are generally filed under Criminal Rule of Procedure 3.800, and 3.850.  If a defendant challenges the legality of his or her sentence, the attorney may file a 3.800 motion within the trial court.  Rule 3.850 encompasses motions alleging ineffective assistance of counsel.  These issues can be complicated both legally and factually, and they may benefit from the assistance of experienced counsel. Please contact our office to learn more about your options and to schedule a free initial consultation.