Representation For Criminal Appeals in Sarasota

Serving Manatee County Since 1993

When a person is unjustly convicted or unlawfully sentenced, quick action is crucial. Failing to meet the rule-imposed deadlines could mean the claim may be forever lost. This is known as “procedural bar.” Procedural bar has allowed innocent people to be executed and kept people imprisoned due to the mistakes of others.

Two Ways To Appeal Your Conviction In Florida

In state court criminal matters, there are two avenues of appeal. Each presents different issues, deadlines and procedures that need to be navigated. Direct appeals are filed in the Florida’s Court of Appeals pursuant to the rules of appellate procedure. Collateral appeals are filed with the local trial court pursuant to the criminal rules.

1. Direct Appeals: Address Errors That Happened At Trial

Direct appeals are based on “the face of the record.” The record includes the verbal or written recording of all court proceedings that led up to the conviction, regardless of whether the conviction is the result of a trial or a plea.

Direct appeals may address errors that occur during trial, including improper argument, erroneous rulings on evidence or ruling on motions of law. They may also address sentencing issues. However, many sentencing errors require that a motion be made prior to an appeal. Failing to do so can result in procedural bar.

The time limit for filing a Notice of Appeal is 30 days after the judgment and sentence become final. For those with no prior criminal record, release on bond pending appeal may be possible.

2. Collateral Appeals: Address Errors Outside The Prior Court Record

Collateral appeals may incorporate information or evidence outside the court’s record. This may include relief based on ineffective assistance of counsel, an involuntary plea or newly discovered evidence. They may also include sentencing errors, corrections and modifications.

The deadlines and rules of procedure for collateral appeals vary based on the rule that authorizes the relief. It may be as short as 30 days, or as much as two years.

How Our Sarasota Criminal Defense Attorneys Can Help

Since 1933, McIntosh Law has helped individuals in Sarasota and surrounding areas appeal their convictions. Our criminal defense attorney are experienced. We know what questions to ask, how to interview witnesses and conduct a thorough investigation to uncover the facts. We also work as a team so that the knowledge of all of our lawyers are used, not just one.