When an unfavorable legal decision is made regarding your Florida state criminal case, you have the right to have that decision reconsidered by a higher court. This process is called a Florida state criminal appeal.
You have a limited period of time to file a notice of appeal after being convicted of a Florida state felony or misdemeanor crime or your Florida state postconviction proceeding is denied. The notice informs the higher court that you intend to pursue a review of the criminal proceeding.
A panel of three judges at one of Florida’s five district courts of appeal or twenty county circuit courts will be assigned to review your lower court proceeding for legal errors. If the higher court determines a legal error occurred, it could result in you being acquitted of the criminal charges, receiving a new trial, getting a lesser sentence, or being granted other relief.
Some common legal errors that could apply to your case include the improper exclusion of evidence, incorrect jury instructions, lack of sufficient evidence to support a finding of guilt, sentencing errors, false arrest, juror misconduct, prosecutorial misconduct and the improper denial of postconviction relief.
At McLain Law, we are dedicated to putting forward effective state criminal appeals by being familiar with the law, utilizing legal research, and remaining up to date on the newest decisions released by the very courts that will be deciding your case.
County Circuit Courts:
County Circuit Courts:
County Circuit Courts:
County Circuit Courts:
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The highest appellate court in Florida is the Florida Supreme Court. The Florida Supreme Court is composed of seven Justices. For non-death penalty appeals, the Florida Supreme Court has the power to review: