In almost every criminal case, the defendant has just one chance to file a direct appeal after a Florida or federal trial court has issued a final decision. Thus, it is critically important to make sure that all of your reasons for appeal are considered and presented to the court. You do not have the luxury of trying one argument now and saving other potential reasons for an appeal later.
The Direct Appeal Process
Generally, once a final decision is made in your case, you must file a notice of appeal. This notice is filed with a U.S. Court of Appeals if your case was heard in a U.S. District Court or with the Florida District Court of Appeal if your case was heard in Florida Circuit Court. You have a limited amount of time to file your appeal. Therefore, it is essential that you consult a Florida appellate attorney as soon as possible to discuss your potential appeal.
If your appeal is considered by the appeals court and the decision is unfavorable to you, then you may have further rights to appeal. You and your attorney may decide to request a rehearing by the panel of appellate judges, an en banc hearing where all of the judges on the court consider your appeal, or an appeal to the Florida or United States supreme courts. The appeals courts may refuse your request for a rehearing or en banc hearing, and the supreme courts may refuse your to review your case. Your criminal appeals lawyer can advise you of your options and chances of success at each level.
Protect Your One Chance at an Appeal
You have so much at stake, and this is likely your only chance to reverse the error that led to your conviction. To protect your freedom and your legal rights, we encourage you to consult with an experienced Florida appeals lawyer as soon as possible. Attorney Robert Malove and Carlos Londono are available for free consultations. Call us to discuss your potential appeal today.