Losing a court case may feel hopeless, but it may not be the end of the road. It is important to consult an appellate attorney as soon as possible to ensure you do not lose important rights due to missed deadlines. Contact Wurtzel Law today for a free consultation to discuss your options.
Criminal Appeals
Criminal appeals are governed by Florida Rule of Appellate Procedure 9.140. After a conviction, a person may appeal:
A final judgment of guilt (or a withhold of adjudication) after trial
An order revoking and terminating probation after a violation
Denial of certain motions for postconviction relief, including motions relating to illegal sentences or ineffective assistance of counsel
An illegal sentence (if raised first to the trial court)
Your right to appeal after entering either a guilty or no contest (“nolo contendere”) plea is limited. Sometimes, the right to appeal may have been reserved at the time of plea - this is often done where a person accepts a plea agreement after losing a dispositive pre-trial motion, such as a motion to suppress or “stand your ground” motion.
If you feel like your plea was involuntary, or you did not understand the consequences of the plea, the appropriate relief may be a Motion to Withdraw Plea, filed with the trial court. If the trial court denies such a request, you may then be able to appeal.
Notice of Appeal
A notice of appeal must be filed in the trial court within thirty (30) days of the final judgment you are appealing (the final judgment of guilt or order of denial). The filing of this notice begins the process of initiating the appeal, which will be acknowledged by the appellate court and assigned a new case number.
Record
An appellate court relies upon the record when considering the arguments on appeal. The record may include documents, such as motions or sentencing orders, filed during the case, as well as a transcript of the relevant proceedings. Your attorney works with the clerk and court reporter to ensure the proper documents are reflected in the record.
Briefs
The briefs filed in an appeal explain legal arguments to the appellate court, using relevant law combined with the facts specific to your case. The initial brief must be filed within thirty (30) days of when the clerk files the record and outlines the arguments of the appellant (the person appealing). The other party then may respond to these arguments in an answer brief, which is due thirty (30) days after the initial brief. The appellant has an opportunity for the final word with the reply brief, due an additional thirty (30) days after the answer brief is filed.
Release Pending Appeal (Supersedeas Bond)
While an appeal is pending, a defendant may be released under certain circumstances. If the defendant filed the appeal, their attorney can file a motion with the trial court for release pending appeal. A trial court may set certain conditions on such release. If the state has initiated the appeal, then the Rule requires that the defendant be released on their own recognizance (without paying bond), assuming it is a bondable offense and there is no good cause for the trial court to refuse release. These orders may be reviewed.
Civil Appeals
Appeals are not limited to criminal cases. In many cases, a person has thirty (30) days from the date a final order is entered to appeal, but this rule may vary depending on the type of case and order.
It is best to call an appeals attorney, as soon as possible after an order is entered, to ask about your options, to minimize the chances of missing a deadline.
Interlocutory Appeal
Although, as a general rule, a person may only appeal final orders, Florida Rule of Appellate Procedure 9.130 allows for the appeal of certain nonfinal orders. Appeals of nonfinal orders, also known as interlocutory appeals, take place while a case is still pending.
Depending on the circumstances, the appeal may pause the proceedings in the trial court, or they may continue on in a limited fashion.
Stays Pending Appeal
In some circumstances, a person may want to pause a proceeding, or the consequences of a final judgment, pending the outcome of an appeal. For example, in a family law case, a parent may want to delay a change in time-sharing while they appeal a judge’s order. Or, in a civil tort case, a defendant may want to delay payment of a final judgment while they appeal a final judgment.
A motion for stay is governed by Florida Rule of Appellate Procedure 9.310. These motions are first filed with the lower court (the court that entered the order under appeal), and may be contested in the appellate court upon denial.
You can learn more about stays pending appeal here.
In criminal cases, a person who wishes to delay imposition of a sentence while an appeal is pending would apply for supersedeas bond (reference above section).
Extraordinary Writs
There are several types of writs which may be used in different circumstances, where direct appeal is not available, to provide remedies to persons involved in both civil and criminal cases.
A writ of mandamus is issued to require a person, court, or entity to perform a duty it is legally required to perform. In contrast, a writ of prohibition is issued to prohibit certain action.
A writ of certiorari asks a court to review an order that cannot be reviewed through another means of review.
A writ of habeas corpus may only be filed by a person who is currently detained by the government and alleges that the detention is unlawful.
Extraordinary writs may be filed in circuit courts or appellate courts under a set of complicated rules and procedures. If you believe you may have grounds for a writ of some kind, it is a good idea to contact an appellate attorney to discuss your options.
Appellate Courts
In Florida, appeals courts are separated into various levels. Some cases may be appealed initially by a circuit court, acting in its appellate capacity.
Next, cases are reviewed at the district level in one of six (6) district courts of appeal.
A very limited number of cases may be reviewed in the highest court in Florida, the Florida Supreme Court.
If you or someone you know is interested in appealing a final judgment, it is important to consult with a skilled and experienced attorney as soon as possible to discuss the possible remedies and applicable time limits. Our attorneys have handled criminal, civil and administrative appeals across the state of Florida. Contact Wurtzel Law for a free consultation to learn more about what we might do to help you get your future back.