How Long Does a Criminal Appeal Take?

Mar 8

Written By

If you’re found guilty of a criminal charge in Florida–but you have reason to believe the ruling was unjust–you can file an appeal to reverse the conviction.

However, you’ll have to meet certain requirements and ensure everything is in order before beginning the appeal process.

Here’s a look at the appeal process to help you decide whether or not to pursue an appeal of your own.

What is an appeal?

An appeal is a formal process that challenges an official court ruling. This isn’t another jury trial. Instead, it’s your chance to prove that the lower court made a mistake during your trial.

Rather than presenting evidence to a jury of your peers, you and your legal team will show a team of judges or justices that the ruling from your trial was reached improperly.

How much does an appeal cost in Florida

Attorneys fees for appellate attorneys can very,but for an experienced appellate attorney in the Tampa Bay area you can expect to pay between $5,000 and $10,000 as a retainer depending on novelty of issue, amount of work and experience of attorney.Filing fees in Florida range from $100 to $300 and are typically due along with your Notice of Appeal. You’ll also be responsible for the price of official copies of documents, as well as attorney fees and other miscellaneous charges.

Because the appeal process is long and complicated, it could quickly become an expensive endeavor. That being said, it’s often worth the effort if the court made an error in your judgment.

What kinds of cases are you allowed to appeal?

You can appeal most court cases in Florida. However, the appellate court will depend on the type of case you’re appealing.

You'll appeal to the County Court for misdemeanors, civil cases, and traffic violations. Felonies, probate offenses, circuit civil, and juvenile cases will be appealed to the District Court of Appeal. Finally, all death penalty cases are rerouted directly to the Florida Supreme Court.

Reasons an appeal may happen

In order to successfully appeal your case, you’ll need to show that the system failed in one way or another. Here’s a closer look at some of the common reasons for appeal.

Evidence that should have been presented was not showcased

Court procedure states that all evidence must be submitted before the case goes to trial. This is so both the prosecution and defense have the complete picture to argue their case. Evidence that was improperly admitted or excluded can alter the results of any trial.

The judge’s ruling did not follow the legal motion process

Judges are tasked with upholding the law, but they occasionally make mistakes as well. These could be errors made during pretrial rulings or during the trial itself. When this happens, you might be entitled to a retrial.

Issues with the jury

In your initial trial, a jury of your peers was selected and asked to determine the outcome of the case. These 12 individuals have a big responsibility. However, many issues can arise, especially because many are new to the court system.

Biased jury selection can set you up for failure from the start. Additionally, if the court doesn’t properly instruct jurors during the process, they might come to incorrect conclusions, resulting in a guilty verdict. Occasionally, jury misconduct, such as discussing the case outside of deliberations, can mean you’re entitled to a retrial.

The process of an appeal

The appeal process can be tedious, so it's important to have a trusted attorney by your side to guide you and keep you on track.

Here’s a breakdown of the steps you’ll need to take, along with a general timeline of events.

The notice of appeal

In order to successfully appeal your case, you’ll need to act quickly. Generally, you must submit your Notice of Appeal within 30 days of the initial ruling. If you miss this window, you’ll lose your chance to appeal.

Receiving transcripts

Next, the trial court clerk will compile all relevant documents for the record and send them to the appellate court. This might include court transcripts and other essential items.

It can take a while to ensure all the appropriate paperwork is on file. Occasionally, extensions are required.

Preparing for the briefing

Your legal team should be prepared to file their initial brief within 70 days of filing your Notice to Appeal. This is your chance to argue your case and convince the appellate justices of failure on the part of the lower court.

Post-briefing period

After your initial brief is submitted, you’ll have to wait for the appellee to submit their response to your claims. Afterward, you’ll submit a reply brief addressing the appellee’s arguments. Each submission must be made within the allotted time period for each item.

Finally, you and your legal team will present oral arguments as a final step in the process.

Wait for the appellate court’s decision

Once all arguments are presented and the judges have all the relevant information, it will take some time to receive the final verdict. The average time to make this decision is between two to twelve months. Remember, the judges must sift through lots of evidence before reaching a conclusion.

For support on your appeal, contact Busciglio Sheridan & Schoeb!

Busciglio Sheridan & Schoeb is here to help you navigate the complicated appeals process. Our Tampa-based team of attorneys will fight by your side to ensure justice is served!