Among a Defendant’s rights is the right to an appeal. An appeal is not a new trial, but a review by a higher court to make sure that the judge handling your case gave you a fair trial. If an appellate court believes that a mistake was made at trial it can correct the error by ordering a new trial, dismissing the charges, or by taking other steps it feels necessary to ensure you fair treatment.

If your case is tried in a County Court, the appeal is to a panel of circuit judges in your county. If your case is tried in Circuit Court, the appeal is to what is called the “District Court of Appeal”. For Central Florida, almost all criminal appeals are heard by the Fifth District Court of Appeal in Daytona Beach.

Whether your trial attorney is a public defender or a privately retained attorney, it is that attorney’s responsibility to file the appropriate paperwork to start your appeal. Therefore, if you’ve had a trial and you desire to appeal, it is very important that you contact your attorney as soon as possible to inform him or her of your desire to appeal. You should discuss an appeal in detail with a qualified attorney as to whether or not any error was committed during your trial that would result in an Appeals Court overturning the verdict or providing you other relief.

You have thirty days from the date of sentencing to file your Notice of Appeal.  Notice of Appeal must be in writing and filed with the clerk of the trial court. A copy of your Notice of Appeal must be sent to the state attorney.

The appeal of criminal cases can be very complex. If you have had a good trial attorney, you should immediately contact that attorney to discuss an appeal and whether or not that attorney can handle it for you. If you are not satisfied with your attorney or did not have an attorney representing you before the trial court, you should contact an experienced firm such as ours to determine whether or not an appeal should be taken in your case.