If you've been convicted of a crime and sentenced by a court, you have an absolute right to appeal your conviction and sentence. This applies whether you were sentenced after a trial or even after you have entered a guilty plea. This is also true regardless of the length or severity of your sentence: even a sentence of probation without jail or prison can be appealed. Finally, a defendant also has the right to appeal certain orders during the course of a criminal case. One of the most common examples would be a court's denial of a motion to dismiss based on immunity under Florida's self-defense law (often called “Stand Your Ground”).
An “appeal” is when a defendant asks a higher court–called a District Court of Appeal in Florida–to review the court proceedings in the lower court that led to their conviction and sentence. The review of the case by the District Court of Appeal is designed to identify any errors that may have occurred in the lower court–called the trial court–that need to be addressed or corrected by the appeals court. Such errors might include one or more of the following:
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Denial of any pretrial motions filed by the defense such as motions to suppress or exclude evidence and motions to dismiss; for example, did the judge allow the prosecutor to use evidence against you that they obtained by illegal government conduct?
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Errors that occurred during the course of the trial such as the improper admission of evidence that should have been excluded by the court; for example, did the judge improperly allow the jury to hear irrelevant evidence, hearsay evidence, or other inadmissible evidence?
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Errors caused by the judge improperly instructing the jury about the law; for example, did the judge make a mistake that caused the jury to apply the wrong laws to your case?
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Errors caused by prosecutorial misconduct during the trial; for example, did the prosecutor use improper arguments in their closing argument to convince the jury to convict you?
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Sentencing errors by the judge; for example, did the judge give you a harsher sentence based on inappropriate reasons like bias or prejudice or even just a misunderstanding of the law?
If the appeals court agrees that any of these errors occurred, then they can grant relief including potentially reversing the conviction and ordering that a new trial be held. If the appeals court affirms the conviction but believes the defendant received an illegal sentence, then a new sentencing could be ordered.
A defendant who wishes to appeal must file a notice of appeal within 30 days of the rendition of the final order being appealed. Typically that would be 30 days after sentencing occurs. When a case is appealed, a court reporter has to prepare transcripts of the jury trial and any other hearings that occurred in the trial court as well as put together copies of what is called “the record” which includes all motions, pleadings, and court orders filed in the case.
The job of the appeals lawyer is to carefully read through the transcripts and Record to identify legal issues and errors the trial court may have committed which could result in a reversal of the trial court's decision. The lawyer must painstakingly scrutinize this material and then do extensive legal research to prepare the best legal arguments possible. Once the appeals lawyer has identified the legal issues of the case and conducted the necessary legal research, the lawyer writes what is called the “initial brief” which is the document that is sent to the appeals court and which contains the arguments designed to persuade the appeals court to reverse and overturn the trial court.
The prosecutor's side is represented on appeal by a lawyer from the Attorney General's Office who files a response (called an “answer brief”) to the defendant's initial brief, and then the defendant has a right to file a reply brief to the prosecutor's answer. Once all of the briefs are filed, the two sides sometimes appear before the appeals court for an in-person hearing called “oral argument” where the lawyers for each side have a chance to make their arguments to the panel of appeals judges who will decide the appeal.
The appeals process is complex and can be difficult to understand for most people without legal training and expertise. Having an experienced appeals lawyer is critical not only for giving you the best chance of getting your conviction reversed or sentence reduced, but also for making sure you understand the process and are kept in the loop through consistent and clear communication about your case. Finally, it is equally important to hire an appeals lawyer who cares about you and your case and ensures that your voice is heard throughout the appeals process.
You need an experienced lawyer working closely with you on your appeal to give the best chance of getting your conviction reversed or your sentence reduced.