» Appellate Practice

How much time do I have to file a notice of appeal in Florida?

's Profile Image In Florida, you have 30 days from the date that the lower court issues the order which you’re appealing from to file what’s called a Notice of Appeal in a lower tribunal. Read More

I lost my direct appeal in the lower court. I want to appeal to the U.S. Supreme Court. Do I have that right?

's Profile Image Not every case can be appealed to the United States Supreme Court. Generally, cases have to deal with either a Federal issue or involve some sort of Federal law. The Supreme Court will then read the petitions, if you meet certain requirements, and decide whether or not to take your case. There’s no guarantee or absolute right to appeal to the United States Supreme Court. You should consult with an appellate attorney if you think your case can be appealed. Read More

If I win on appeal, will I be freed from prison?

's Profile Image If you win on appeal, you will not necessarily be freed from prison. The more likely scenario is if you win on appeal, your case will go back to the lower court to be retried, or sometimes that the issue is whether or not your sentence was proper. So you may be remanded back to the lower court for a new sentencing. Read More

What are my chances at a success in an appeal?

's Profile Image Your chances for a success on an appeal depends on many different things. It depends on which side were you on, were you the winner or the loser in the lower court? It depends on the issue that you’re appealing, the specific facts of your case, and what the law says regarding the issue that you’re appealing from. You should consult with an experienced appellate lawyer who can go through the information and give you a good assessment of what your chances are for an appeal. Read More

What does filing an appeal mean?

's Profile Image Filing an appeal means two different things. The first step in the appellate process is filing what’s called a notice of appeal. This is a document that’s filed in the lower court. After that, you then file your initial brief. That’s filed in the actual appellate division. Read More

What if I have no objection to the facts, but feel I should have won a motion to suppress or dismiss? What should I do?

's Profile Image Even if you don’t have any objection to the facts, that doesn’t mean you still can’t appeal. It’s important to understand that, in most cases, an appellate court is not scrutinizing or weighing facts. They’re looking at whether or not the law was correctly applied to those facts. So, if you believe that the judge misinterpreted the law or misapplied it, you have grounds for an appeal and should contact an Appellate Attorney. Read More

What if my trial attorney says there are no good appellate issues?

's Profile Image While the opinion of your trial attorney is certainly important, you should consult with an appellate lawyer. Appellate lawyers are trained and are used to going through the record and spotting issues. They can give you a better understanding  of what issues you may have for an appeal and what your chances of success might be. Read More

What is a 3.850 motion in Florida?

's Profile Image A 3.850 motion in Florida refers to the Florida Rule of Criminal Procedure 3.850. There are several grounds that can be asserted, however, the most typical one is ineffective assistance of council. If you have this issue, it’s very important to consult with an appellate attorney who has experience dealing with these motions as sometimes they can be a little tricky and difficult to understand. Read More

What is the deadline for filing a 3.850 motion in Florida?

's Profile Image The deadline for filing a 3.850 motion in Florida is two years from the date the conviction became final. That date is usually either the day that the Appellate Division affirmed the lower court’s mandate, or if no appeal was taken, the last date in which the appeal could have been filed. You should consult with an Appellate Attorney as soon as possible if you are nearing your deadline. Read More

What is the difference between a petition for writ of habeas corpus and an appeal?

's Profile Image Generally, a writ of habeas corpus is a judicial mandate questioning whether or not somebody has been lawfully detained or improperly imprisoned. An appeal, on the other hand, is normally a petition to an appellate court seeking to overturn either a lawsuit judgment or a criminal conviction. Read More

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