It can be an incredibly frightening experience to have a loved one that has been convicted of a crime after trial. The resulting conviction can possibly lead to an adjudication of guilt, jail or prison time, probation, and fines. Being adjudicated guilty of a crime means that the conviction will always be on their record, the conviction cannot be sealed or expunged, and it will likely show up on a background check. This can negatively affect their current and future employment. Generally speaking, the court is more likely to sentence someone to jail or prison when a person is convicted after a jury trial. Being incarcerated is an extremely stressful and scary experience for both the person convicted and the family of the person convicted. Many times, after a conviction, the person convicted or their family will feel that they did not receive a fair trial-critical evidence was excluded, motions that should have been granted were denied, or witnesses who should have been allowed to testify were excluded. The question becomes “What can I or my family do now?” The answer is simple: appeal the conviction.
The Florida Constitution provides that citizens have the right to appeal final orders to a higher court. In Florida, the appellate courts are geographically divided into six district courts of appeal and the Florida Supreme Court. The overwhelming majority of criminal appeals are decided by the district courts of appeal. The Florida Supreme Court is a court of limited jurisdiction and criminal cases, except where the death penalty has been imposed, rarely make it before the court. The Second District Court of Appeal handles criminal appeals for the Tampa Bay area. The Second District handles convictions arising from the following counties Pasco and Pinellas (6th judicial circuit); DeSoto, Manatee, and Sarasota (12th judicial circuit); and Hillsborough (13th judicial circuit). Please see their website. https://2dca.flcourts.gov
Now that you know that an appeal is possible, what are the next steps? After you or a loved one has been convicted and sentenced, you must take action quickly in order to appeal. The most important filing is a notice of appeal and it must be filed within thirty days after a person has been sentenced. This pleading takes jurisdiction away from the trial court and places it with the district court of appeal. If a notice of appeal is not filed within thirty days, you could lose the right to appeal. You may be able to reinstate an appeal in a criminal case if the notice of appeal was not filed within thirty days, but it is a complex procedure, called a petition for belated appeal, and you should consult with an experienced attorney. After the notice of appeal is filed, the person appealing must provide the appellate court with the record on appeal. This means making sure that a court reporter transcribes the trial and/or any relevant motions. It also includes ensuring that the local clerk’s office properly sends the transcripts and court documents to the appellate court. After the appellate court has the record on appeal, the appeal proceeds with briefing and then oral argument before a three judge panel.
There are some common questions when it comes to criminal appeals. First, can a criminal defendant get a bond while the appeal is pending? Yes it is possible to get an appeal bond, but is a very complex procedure, you cannot get a bond for certain convictions, and there are many requirements that must be met. Second, can I appeal if I entered a plea? Generally, it is very difficult to appeal a plea, unless you or your attorney specifically reserves an issue or motion to appeal. However, if you are not happy with a plea and sentence, you must file a motion to withdraw your plea within thirty days.
If you are loved one has been convicted of a crime and are considering an appeal, please contact our office to have a free consultation with a board certified appellate expert.