Hire An Appellate Attorney To Review Your Case
If you lose your criminal case and disagree with the decision, you always have a right to appeal it. That means that you would have to present your case to another court, one that is it a “higher” level and has the authority to hear your case. If you lost your case in District Court, you may appeal to Circuit Court. If your case was in Circuit Court (even if it was an appeal from District Court), you may appeal to the Court of Appeals.
The Court of Appeals is the highest court in the State. It hears cases almost exclusively by way of certiorari, a process which gives the court discretion to decide which cases to hear. However, the Court of Appeals is mandated by law to hear cases involving the death penalty, legislative redistricting, removal of certain officers, and certifications of questions of law.
The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.
Appellate law involves handling cases on appeal. Appellate lawyers, though all experts in appellate advocacy per se, often come to specialize in different areas, such as antitrust, trade regulation, state and federal taxation, corporate law, etc. and most often rely on legal persuasiveness to show a judge that a trial was flawed. Appellate courts hear appeals, which are cases brought to court on the grounds that a prior verdict was unjust. When cases are brought to an appellate court, there are a number of ways in which the case can be argued. Some of these arguments focus on showing that the trial court violated procedure in some way, thus invalidating the result. Others might suggest that injustice occurred, such as a judge refusing to admit evidence that was in fact admissible. Since the facts have been determined already in the trial court, the appeal isn’t about contesting the facts, but questioning the process used to arrive at those facts, with the goal of overturning the verdict and obtaining a new trial.
The criminal appellate process is essential in ensuring due process to every individual. Having an experienced counsel by your side is a must.
Florida District Courts Organization
The bulk of trial court decisions that are appealed are never heard by the Supreme Court. Rather, they are reviewed by three-judge panels of the district courts of appeal. Florida did not have district courts of appeal until 1957.
The Constitution now provides that the Legislature shall divide the State into appellate court districts and that there shall be a district court of appeal (DCA) serving each district. There are five such districts that are headquartered in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach.
DCA judges must meet the same eligibility requirements for appointment to office, and they are subject to the same procedures and conditions for discipline and removal from office, as Justices of the Supreme Court. Like Supreme Court Justices, district court judges also serve terms of six years and will be eligible for successive terms under a merit retention vote of the electors in their districts.
In each district court, a chief judge, who is selected by the district court judges within the district, is responsible for the administrative duties of the court.
As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases. A person who is displeased with a district court’s express decision may ask for review in the Florida Supreme Court and then in the United States Supreme Court, but neither tribunal is required to accept the case for further review. Most are denied.
Can You Appeal?
In general terms, a defendant may appeal a final judgment and sentence. Appellate Rules of Procedure 9.140 sets forth the specific criteria for permissible appeals. A defendant may appeal a final judgment adjudicating guilt, a final order withholding adjudication after a finding of guilt, an order granting probation or community control, (whether or not guilt has been adjudicated), orders entered after final judgment or finding of guilt, including orders revoking or modifying probation, or orders denying relief under Florida Rule of Criminal Procedure 3.800(a), 3.850 or 3.853, or an illegal sentence.
After you are sentenced, you have thirty days to file a Notice of Appeal with the trial court. Within approximately sixty days after the Notice of Appeal is filed, the Clerk of Courts prepares the Record of your entire case. The Record includes all official pleadings, transcripts of your trial and sentencing.
Qualified Criminal Defense Lawyer for Appeals in Palm Beach County
As an American citizen, you have the right to an attorney. Hire Stine or Do The Time!
Andrew Stine is a skilled and knowledgeable criminal defense lawyer in West Palm Beach with over a decade of experience helping men and women in tough situations. When you retain Andrew D. Stine, P.A., you not only retain a nationally-recognized criminal defense lawyer, you retail a passionate criminal defense team who has years of experience working together in practically every kind of criminal case. This includes cases of DUI, drug crimes, fraud, traffic offenses, violent crimes, and others throughout Palm Beach County, FL.
Beyond the initial Florida criminal process, Andrew Stine is a qualified criminal defense lawyer for appeals in Palm Beach County. As an appellate attorney, Andrew Stine perfects the lower court record and writes his own appeals from start to finish. This allows him to stay current and sharp on all appellate rules and procedures, case law, and statutes.
Your first consultation with Andrew D. Stine, P.A. is free, so call 561-832-1170 today and schedule yours.