The news may be a devastating blow. The appellate court denied your appeal, and you are left wondering if there is any way to right the wrong that has been done to you. As a criminal defendant, you have a lot at stake, and it is important to know all of your legal options so that you can make the decisions that are right for you.
Options After a Criminal Appeal Is Denied
Not every criminal appellant has the legal right to all of the options below. However, a post-conviction relief attorney can determine if any of the following motions may apply to your case:
- Motion for rehearing. If you believe the court overlooked an important fact or legal argument, you may ask for your case to be heard again.
- Motion for rehearing en banc. Your appeal was likely heard by a panel of three appellate judges. If you assert that the panel overlooked an important fact or legal argument, you may request that all of the active judges on the appeals court hear your appeal.
- Motion for certification of an important issue. You may request further review if you can establish that the court’s decision conflicts with other court decisions and that the issue is one of great public importance.
- Motion requesting a written opinion. If the court did not issue a written opinion in your case and instead issued a Per Curiam Affirmed (PCA) simply affirming the trial court’s decision, then this type of motion is possible.
- Motion for post-conviction relief. These motions, also known as 3.850 motions, may be filed if you allege ineffective assistance of counsel or that there is newly discovered evidence, for example.
Which action may be right for you depends on the unique circumstances of your case. There are many pros and cons to consider, and while your time to take action is limited by law, you and your attorney should carefully consider all of your options before moving forward.
Get the Personal Legal Attention You Deserve
Your legal options are coming to an end. To avoid an unfair conviction or sentence, you need to take the right action quickly. Call Florida appellate attorney Robert Malove now to learn more about legal strategies for protecting your rights.