Criminal Appeals

So your case didn’t end up like you thought it would. Maybe you chose the wrong attorney, or no attorney at all. What can you do now? There are several options for criminal appeals in the state of Florida, and hiring an experienced Tampa criminal appeals attorney at Pallegar Law, P.A. can turn your life around.

Hiring a skilled Tampa criminal appeals attorney is the first step in moving forward your appeal. According to Rule 9.140, Florida Rules of Criminal Procedure, there are several direct appeals that you may pursue if you entered a plea of not guilty. A defendant may appeal a final judgment adjudicating guilt, a final order withholding adjudication, an order granted probation (with or without guilt), orders entered after final judgment, unlawful or illegal sentences, or any sentence, provided the appeal is permitted or provided by general law.

If you entered a plea of guilty or nolo contendere (no contest), there are fewer options for appeal. In this case, a defendant may only appeal in the following cases: the trial court lacked subject matter jurisdiction, the plea agreement was violated or involuntary, if preserved by a motion to withdraw the plea, or if there was a sentencing error or other error provided by law.

3.850 motions are a type of direct appeal that your attorney can file. These motions aim to vacate, set aside, or correct the sentence that you were given. One common claim under a 3.850 motion is ineffective assistance of counsel. The Florida Rules of Criminal Procedure provide several grounds for these types of motions. These include: the judgment or sentence violated the Constitution or the laws of the nation or state of Florida, the court did not have jurisdiction for the judgment or sentence, the sentence exceeded the maximum authorized by law, the plea was involuntary, or other collateral attack on the judgment or sentence. These grounds are quite broad, allowing for many different kinds of claims. Your experienced Tampa criminal appeals attorney at Pallegar Law, P.A. will be able to determine the kind of appeal that is necessary for your case.

There are time limitations on most 3.850 motions, which means it is important to contact an attorney as soon as you decide you would like to file an appeal. The only motion that does not have a time limitation is a motion to vacate a sentence that exceeds the limit of the law. For other kinds of post-conviction relief, you have a period of two years in which to file a 3.850 motion. There are a few specific exceptions to this two-year rule, and your Tampa criminal appeals attorney can determine whether or not your case is an exception.

If you or someone you know would like to file a criminal appeal, contact an aggressive Tampa criminal appeals attorney at Pallegar Law, P.A. We will investigate every aspect of your case to fight for your post-conviction relief. Call 813-444-3912 today for your initial consultation.