Among the constitutional rights we all enjoy is the right to an appeal. An appeal is a review by a higher court to make sure that the judge handling your case did his or her job properly. If the Appellate Court believes that a mistake was made, the Appellate Court has the authority to correct the mistake by ordering a new trial or dismissal of the charges, or by taking whatever steps are necessary to ensure fair treatment in the trial court.
If your case is being heard in the County Court, the appeal will be to a Circuit Judge or panel of Circuit Judges in your community. If your case was originally heard in the Circuit Court, an appeal will be to a panel of three judges at the District Court of Appeals.
If you cannot afford to pay for the cost of the appeal, and you otherwise qualify under Florida law, the judge can order the county to pay the costs associated with the preparation of the appeal, including the appellate filing fee. If you wish to have an attorney represent you on the appeal, and you cannot afford an attorney and otherwise qualify under Florida law, you can have an appellate public defender appointed to represent you on the case. Of course, you have the right to choose your own private Florida criminal lawyer to handle the appeal. That attorney can be the same attorney who handled your case in the trial court or you can hire a new attorney to handle the appeal.
It is the responsibility of your trial attorney, whether it is a public defender or a privately retained attorney, to file the appropriate paperwork to perfect the appeal. Therefore, should you desire to have an appeal it is very important that you contact your attorney as soon as possible to inform that attorney of your desire to appeal.
Many times the area of appellate law becomes very complex. It is suggested that if you had a trial attorney, you immediately contact your trial attorney to discuss the options for appeals. If you did not have an attorney representing you before the trial court, it will be helpful to contact a Criminal Lawyer in Florida to discuss criminal appeals without delay.
To learn more about your legal rights and options, please contact Asilia Law Firm today.
