Miami Criminal Appeals Lawyers

Frequently Asked Questions of Appellate Attorneys

What is an appeal?

An appeal requests higher court to overturn the conviction or sentence of a lower court.  All defendants who have been convicted following a trial have the right to appeal. 

What is a petition for Habeas Corpus?

A petition for Writ of Habeas Corpus challenges the legality of one’s custody and requests that a Writ of Habeas Corpus be issued to remedy a constitutional violation and free the individual from custodial status. 

How much time do I have to file an appeal?

Under Florida law, you will have 30 days to file an appeal after your sentencing. 

If jail was part of my sentence, will I be able to stay on bond during the appeal?

Depending on the offense for which you were sentenced and the type of sentence given, you may or may not be able to stay on bond during the appellate process.  Serious offenses involving violence or sexual misconduct will disqualify you for bond pending appeal.   If the sentence given was less than 10 years you may be eligible for bond, otherwise you will most likely stay in custody while the appeal is pending. 

How long does an appeal usually take?

Appeals can take anywhere from 9 months to several years depending upon the complexity of the case and the court system to which the appeal is taken. 

Will witnesses testify at appellate court?

No.  The appellate court will make its ruling by examining the written transcript of the trial prepared by the court reporter.  Attorneys from each side will prepare written arguments (briefs) that highlight any errors in the trial and argue the applicable law.

If I win my appeal, what will happen?

If it is concluded in appellate court that the evidence was legally insufficient to support conviction, an acquittal will be ordered. If the appellate court concluded that evidence was improperly admitted or excluded, or other procedural errors were made during your trial, and the court further concludes that the error was not harmless, your case will be returned to the trial court for a new trial. The prosecution has the option of either going forward again with the case or dismissing it.  If the appellate court has ruled that evidence critical to the prosecution’s case cannot be used at a subsequent trial, the prosecution may have no choice but to dismiss the case or risk a certain verdict of acquittal.

Contact a Miami Criminal Appeals Lawyer at Sweeney Law Offices with your specific questions regarding appeals and appellate court procedures.