What is the process for filing appeals in criminal defense cases?

The process for filing appeals in criminal defense cases in Florida is a long one, and it begins before the trial in the case has even finished. The first step is for the defendant, or their attorney, to file a Notice of Appeal. This must be filed with the circuit court that handled the trial within 30 days of the verdict. Once the Notice of Appeal has been filed, the defendant’s attorney will proceed to draft, sign and file an Appellant’s Brief with the district court of appeal. This document must state the legal argument that the defendant has, as well as the facts needed to support their argument. A record of what happened during the trial will also need to be included with the Appellant’s Brief. Once the Appellant’s Brief is submitted, the opposing party will be given a period of time to respond. This generally takes the form of an Appellee’s Brief and requires the responding party to outline why the defendant’s argument is wrong. Once all the briefs have been submitted, the court of appeal will review all of the materials and evidence. The court will then make a decision regarding whether or not to overturn the verdict from the original trial. If the appeals court reverses the lower court’s ruling, the case will be sent back to the original court to be heard again. If the appeal is denied, the original ruling will stand, and the defendant must abide by the decision.

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What is the process for filing appeals in criminal defense cases?

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