Guy Seligman is a Ft Lauderdale Criminal appeals lawyer with over 20 years experience helping to overturn criminal verdicts.
If you went to a criminal trial in Ft Lauderdale and have been convicted of a crime the criminal appeals process may work for you and get that verdict overturned. We will attempt to prove you were improperly charged or that there were mistakes at the criminal trial. Criminal appellate representation requires a keen eye for detail because we will be combing the criminal proceedings for an error of some sort.
The first step is filing a notice of appeal. We have 30 days to file In state court, I would not waste anytime getting this process moving This is a strict deadline and there is no way to "appeal" the deadline.
Then we will prepare the records for the appeal. There are time limits for filing the record with the clerk of the court as well. We can not impress strongly enough the need to move quickly on this entire process.
After filing the record, we have 35 days to file the initial brief. The time limits are a bit more flexible at this stage. We have gotten extensions if youe case is complex. This is a complex process moving forward, We have filed our initial brief now the state has 20 days
to file a response brief. They can also request extensions. We will then have 20 days to file a reply brief. While this is not always necessary, it can be a good way to respond to errors or omissions in the state's answer. Again, this a long and tedious process.
After the all this up amd back of briefs being filed, we have a right to request an oral argument in front of the appellate court. This gives us the opportunity we are waiting for. Now we are ready to appear in front of a panel of three judges to argue your case. It is not necessary for you to appear nor do you have a right to be present. The oral arguements are over. Now we sit tight and wait for a ruling.This can take a week or a year, depending on the complexity of the issues in your case. If we do not win on the initial appeal, we have another 15 days to request a rehearing.
The determination in your criminal appeal will not be final until the 15-day period has passed. After the rehearing period has expired, the court will issue a mandate and it becomes a final judgment.
This is the entire process. You will need an experienced detail oriented appeals lawyer for this kind of process. As you can see there is alot of paper involved and meticulous examination of records and briefs. An eye for detal is very important here. Criminal appellate work is very detail oriented and a specialty within criminal law. Not everyone is willing to take this process on.
Guy Seligman has the eye for detail you will need. After 20 years of examining records and argueing breifs in Fort Lauderdale appellate court and in front of the appellate judges he knows the process. Call us and we will go to work and attempt to have your verdict overturned. There is no guarantee but, we have over twenty years experience in criminal appeals.
After the mandate has been issued, you have 30 days to seek a review by the Florida Supreme Court. You also have 60 days after the mandate to file a motion to mitigate the sentence and try to get your sentence reduced.
Federal Criminal Appeals Process
Florida post-conviction lawyer Guy Seligman represents clients for criminal appeals.
The criminal appeals process is similar to the state process, but there are some key differences, including:
There is a 10-day deadline for an appeal and a $455 filing fee
It is more difficult to get extensions on deadlines
It is harder to win a federal appeal
You can appeal to the Supreme Court of the United States by writ of certiorari within 90 days of the court issuing a mandate.