Among a Defendant’s rights is the right to an appeal. If convicted, you only have 30 days to file your Notice of Appeal. If you do not file your notice within 30 days, you waive your right to appeal. An appeal is not a new trial, but a review by a higher court to make sure that the judge handling your case did not make any mistakes. An appellate Court does not reweigh the evidence to see if the Jury made a correct decision. If an appellate court believes that a mistake was made at trial by the Judge it can correct the error by ordering a new trial, dismissing the charges, or by taking other steps it feels necessary to ensure you fair treatment.
If your case is tried in a County Court, the appeal is to a panel of circuit judges in your county. If your case is tried in Circuit Court, the appeal is to what is called the “District Court of Appeal”. For Central Florida almost all criminal appeals are heard by the Fifth District Court of Appeal in Daytona Beach. Time is of the essence if you want to file an appeal – call us today for a same day appointment. Attorneys are available 24/7.
Whether your trial attorney is a public defender or a privately retained attorney, it is that attorney’s responsibility to file the appropriate paperwork to start your appeal. Therefore, if you’ve had a trial and you desire to appeal, it is very important that you contact your attorney as soon as possible to inform him or her of your desire to appeal. You should discuss an appeal in detail with a qualified attorney as to whether or not any error was committed during your trial that would result in an Appeals Court overturning the verdict or providing you other relief.
You have thirty days from the date of sentencing to file your Notice of Appeal. Notice of Appeal must be in writing and filed with the clerk of the trial court. A copy of your Notice of Appeal must be sent to the state attorney. Do not delay. If you do not file your Notice of Appeal within thirty (30) days you forever waive your right to appeal except in very limited circumstances.
The appeal of criminal cases can be very complex. You should immediately contact an experienced firm like ours to determine whether or not an appeal should be taken in your case. Call the office for a consultation with an experienced attorney. Initial consultations are always free, and appointments are available same day or to accommodate your schedule. (321) 549-3162 call or text. Three locations to accommodate you: Melbourne, Eau Gallie, Rockledge.