Florida Criminal Appeals Attorney

A Florida Criminal Appeals Attorney Starts Each New Case With Three Questions

A strategic appellate review begins before anyone writes a brief. Counsel first needs to know what written order is being challenged, when that order was rendered, and where the potential error appears in the record. Those answers control the timeline of the appeal, the selection of appellate court, and whether the issue is available on direct appeal.

Hani Demetrious has been a criminal trial attorney for nearly 20 years and served as a public defender and conflicts counsel before joining our firm to head its Appeals and Postconviction department. Demetrious has litigated cases in all six Florida district courts of appeal, the Florida Supreme Court, all three federal districts in the state, and trial courts from Pensacola to Key West. His trial background is critical because appellate issues are born in trial court moments: an objection, a denied motion, an evidentiary ruling, a plea colloquy, or a sentencing decision. Those trial-court moments create the issues argued on appeal. The question is not simply whether something felt unfair during the trial. The question is whether the record shows a reviewable legal error and whether that error could have affected the judgment or sentence rendered in the lower court.

01

What order controls?

Start with the signed judgment, sentence, or other written order identified for appeal and confirm its filing date on the clerk’s docket.

02

Was the issue preserved?

Find the objection, motion, legal ground, and ruling that gave the trial judge an opportunity to address the issue.

03

Where is the proof?

Identify the transcript page, exhibit, filing, or sentencing record that allows the appellate court to review the claim.

The Initial Brief Must Connect Error, Record, and Harm

The initial brief is where the appeal is presented as a legal argument. It identifies the issues, states the applicable standards of review, cites the record and legal authority, explains why the ruling was erroneous, and asks for a remedy the appellate court can provide. A strong brief does not list every issue that arose at trial. Instead, a strong brief argues issues for appeal that the record supports and develops each one completely.

The analysis normally runs through four connected questions:

• What did the trial court decide? The brief identifies the particular ruling at issue, rather than describing the entire case as generally unfair.
• Was the issue preserved? The record should show the objection or motion, its legal basis, and the ruling.
• What standard governs review? Different rulings receive different levels of appellate deference.
• Why did the error matter? The brief must confront harmless error principles and explain the effect of the error on the judgment or sentence.

Under Rule 9.140(g), the initial brief is due 30 days after the record on appeal is filed. From there, Rule 9.210 gives the State 30 days to answer and the appellant 30 days after the answer to reply, when necessary. A court may extend those response periods upon request under Rule 9.300, though court practices differ by district. This timeline is significant because it is the State's answer that often identifies disputes relating to evidence preservation, the standard of review, prejudice, or the remedy.

A Three-Judge Panel Decides the Appeal From the Briefs and Record

After briefing is complete, the appeal is submitted to a three-judge district court panel. Either side may request oral argument and the court decides whether it would assist its review. The panel reviews the record and the legal arguments in the briefs; it does not hear the trial again or receive a new version of the facts from the attorneys or the family.

The panel may issue a written opinion explaining its reasoning. It may also affirm without a written explanation in a per curiam affirmance, often called a PCA. A written opinion may be further reviewed, depending on its content, while a PCA can sharply limit further discretionary review.

Rule 9.330 allows 15 days to seek rehearing. A rehearing motion is not an opportunity to repeat the appeal; it must address the limited grounds allowed by the rule. Once appellate proceedings conclude, the mandate issues and becomes final. Finality can be relevant to later post-conviction and federal deadlines.

Let Counsel Test the Appeal

An initial meeting with your lawyer about an appeal should be more than a general conversation. Rather, it should identify the controlling deadline, review the available record, and identify the issues that require research and documents that are still missing.

Bring or request the following:

• the written judgment and sentence;
• the complete docket;
• the charging document and verdict or plea paperwork;
• dispositive motions, written responses, and court orders;
• trial, plea, and sentencing transcripts that are already available;
• the notice of appeal and any appellate orders already entered;
• information for trial counsel and the court reporter; and
• a short explanation of the rulings the client believes should be reviewed on appeal.

Do not edit the file down to the pages that appear favorable. Context can help an attorney decide whether an issue was preserved and whether the State has a valid harmless error response. A complete record allows counsel to tell the client which issues can be argued, what facts cannot yet be verified, and what relief the court is legally permitted to order.