Criminal Appeals Attorneys in Miami, Florida
Florida Appellate Attorneys Experienced in All Types of Appeals
After two years from the conclusion of the direct appeal, it becomes more difficult, but not impossible, to bring a successful appellate case. Generally, for clients with older cases, we will charge a lower fee to do a review of the file (reading all transcripts and documents and researching potential legal issues) to determine whether there are any viable issues. Even for very old cases, there are avenues to legal relief. Most commonly, these involve a change in an area of the law that affected the trial and conviction, an illegal sentence (which can be appealed at any time), or newly discovered evidence that could have affected the trial. In addition to our core state appellate practice, we handle federal appeals including federal habeas corpus filings on state court cases.
If you or someone you care about needs help with an appellate criminal case, Rier Jordan P.A. invites you to schedule a free consultation. Do not rely on trial lawyers who do not do appeals. Do not rely on jailhouse lawyers. Do not rely on the courts to read through and properly consider your pro se filings. If you have a criminal appellate case, you need a specialized criminal appellate lawyer.
This is what most people think of when they think of appeals. The direct appeal immediately follows the trial or hearing. We gather and carefully read all the relevant transcripts and the record, we identify the specific legal issues that are most likely to result in a reversal for our client, and we research to find other cases that support our client's position. We put our arguments in written form in a brief, and generally, we have an oral argument. Direct appeals from the state Circuit Court (felony trial court) are heard at the District Courts of Appeal. The judge who heard your trial case is not involved, instead, a three-judge panel of appellate judges hears and decides the case. Our attorneys practice extensively in Florida's District Courts of Appeal in direct appeal cases and have had substantial success. In direct appeals, generally, the issues raised have to do with legal errors made by the judge or the prosecutor. In most cases, ineffective assistance of defense counsel cannot be raised on direct appeal.
After the direct appeal is decided, those convicted in Florida's state courts have 2 years to file a Motion for Post-Conviction Relief. This is commonly known as habeas corpus relief, or, in Florida, as a Rule 3.850 motion, after the Florida Rule of Criminal Procedure which authorizes it. Although the arguments in a post-conviction motion can be varied, the most common focus is on the ineffective assistance of trial defense counsel. All people tried in America are entitled to a certain baseline level of competence from their attorney, and if they did not receive it this motion is how they obtain relief. Post-conviction motions are initially filed in the trial court, and the trial court's rulings can be appealed to the District Courts of Appeal. We have litigated post-conviction motions extensively.
Appeals Attorneys in Miami, Florida
Our criminal defense attorneys focus on the Miami-Dade and Broward Metro Areas but we proudly serve clients all throughout the state of Florida. Reach out today for a free consultation.