Right to an Appeal in Florida – Statutes 924.05

An appeal is a challenge of a previously made legal decision. When an individual files an appeal, they are typically asking a higher court to review a decision made by a lower court.

In the State of Florida, an individual may be able to appeal a conviction or a judgment if they believe there were errors in the trial or other types of legal issues. In criminal cases, there may be several grounds for appeal, which include:

• Evidence issues: Evidence may have been excluded or admitted incorrectly
• Jury issues: There was jury misconduct, such as drug use or improper communication
• Sentencing issues: The defendant’s sentence was based on improper facts or was excessive
• Prosecutorial misconduct: The prosecution used unfair tactics or did not follow applicable rules
• Due process: There was a violation of due process
• Errors made by the judge: The judge made errors in their pretrial rulings or rulings during the trial

In civil cases, an individual may be able to appeal based on errors in the application of the law or errors made by state agencies. In both criminal and civil cases, an individual may be able to appeal based on the following issues:

• Ineffective assistance of counsel
• Incorrect interpretation of the law
• Improper jury instruction

It is important to be aware that an individual cannot appeal simply because they did not like the outcome of the case. The right to appeal is not guaranteed and may depend on the type of decision and state laws.

In general, however, if an individual is convicted of a crime, whether by a judge or a jury, they will have the right to appeal their conviction. Appeals are based on the law and not on the facts of a case.

In the majority of cases, a criminal appeals court will not review the evidence or consider the defendant’s guilt. Appeals can be granted, which result in a conviction being dismissed or overturned, based on several different issues, such as:

• Insufficient evidence: The evidence presented at the trial did not prove all of the elements of the crime.
• Newly discovered evidence: When new evidence is discovered that was not reasonably available at the time of the trial and shows the defendant was not guilty or discovering that the prosecution withheld evidence that may have affected the outcome of the trial.
• Improper instruction: Improperly given jury instructions can result in a new trial.
• Juror misconduct: Juror misconduct can occur when a member of the jury:
  • Communicates with a witness
  • Uses drugs or alcohol during the trial or jury deliberations
  • Performs an improper experiment to determine the defendant’s guilt
• Illegal evidence: When evidence is obtained illegally, such as by an invalid search warrant.
• Inadequate representation: If the defendant’s lawyer misrepresented the defendant or did not provide adequate representation and this would have affected the outcome of the trial.
• Abuse of discretion: When the judge improperly exercises their power and it had an influence on the outcome of the trial.

If an error occurred that is classified as harmless or did not influence the outcome of the case, their conviction will not likely be reversed or dismissed. For more information on the possibility of filing an appeal in Florida, an individual should schedule a legal consultation with a Florida lawyer.

How Does an Appeal Work?

When an individual files an appeal, they are asking the next highest court to review the lower court’s decision. These courts are usually referred to as appellate courts.

An appellate court will only review the evidence and record from the defendant’s trial to determine if there are grounds to grant an appeal. Appeals may be denied or may be granted or only granted in part.

An appellate court may also order a new trial. If an appeal is completely denied, a defendant may be able to appeal their case to the highest court in the state. The highest court has discretion on whether or not to review the appeal.

How long an appeal takes will depend on many factors. An attorney must first prepare the full record of the original trial, which may take several months or more.

A brief must be drafted and submitted to the court that outlines the issues in the case. This drafting process can also take several months or more.

Lastly, the appeals court will need to review the original record as well as the attorney’s submissions. It may take the appeals court six months or longer to determine if they will hear oral arguments in the case.

Although appeals courts often make their decision in about two to six months following an oral argument, there is not a deadline and it may take longer. It may take a long time to complete the appeals process, but it is very important if errors did occur.

If an individual entered a plea, it usually does not affect their right to an appeal, as appeals are based on errors of law. For example, the defendant may plead guilty but argue that their sentencing was unfair or improper.

Where Do I File the Appeal?

In order to file an appeal in Florida, an individual has to file a Notice of Appeal with the Clerk of the Court. Typically, there will be a 30-day deadline to file this notice.

A Florida attorney can help an individual complete and submit this form and represent them throughout the appeals process.

Is There a Cost To Filing an Appeal?

In Florida, there is a cost for filing an appeal. Typically, the standard filing fee will be around $300 for appealing a district court decision.

If an individual is not able to afford this fee and are deemed indigent, they may be able to get a certificate of indigency from the lower court. This means they will not be required to pay the filing fee.

Do I Always Have the Right to Appeal a Court’s Decision?

No, an individual will not always have the right to appeal a decision made by a court. As discussed above, an appeal cannot be filed simply because an individual does not like the outcome of their case.

There are typically legal requirements that must be fulfilled before an individual is eligible to file an appeal.

What Else Can I Do Aside From Filing an Appeal?

There may be alternatives available to filing appeals. This may include filing a post-trial motion with the court in which they were convicted.

This type of motion can request that the court correct the alleged error instead of having an appellate court reverse the decision on appeal. One advantage of this process is that a trial court may be able to fix the error instead of having an entirely new trial.

There may be risks associated with this process, however. The trial court may make additional arguments against the defendant when addressing their request which may be used against them during an appeal.

Do I Need an Attorney to File an Appeal?

If you think you may need to appeal a court decision or criminal decision, it is important to reach out to a Florida criminal defense attorney. Your lawyer will also explain whether or not you have the right to appeal and represent you during that process.

If you are involved in a criminal case and you need an attorney for the appeal process, you may be able to have one appointed for you. You can also use LegalMatch to find a Florida appeals lawyer near you who can help you with any questions you may have related to filing an appeal in your case.