What Are Criminal Appeals?

Criminal appeals are not a retrial of your case. Instead, they review the trial court's decisions and procedures to ensure they are fair and lawful.

When you file a criminal appeal, a higher court reviews the trial court's decision based on the record of the trial court proceedings. The appellate court won't consider new evidence or testimony. It will determine whether the trial court made any errors that affected the outcome of your case.

The Appeal Process in St. Petersburg

To begin the appeal process, you must file a notice of appeal with the appropriate court within 30 days of the final judgment being entered. This notice must include why you are appealing and what you hope to achieve.

Once the notice of appeal has been filed, the appellate court will review the transcripts and other records from the trial court to determine whether any errors were made. The appellate court will not hold a new trial or consider new evidence. Instead, it will focus solely on the legal issues raised in the appeal.

During the appeal process, you can submit briefs and argue your case before the appellate court. You may also have the option to request an oral argument, where you can present your case in person to the judges.

After considering the evidence and arguments, the appellate court will issue a written decision. This decision may affirm the original judgment, modify it, or reverse it entirely. If the decision is not in your favor, you may have the option to appeal to a higher court.

Banner media

Grounds for Criminal Appeals

To have a chance at a successful appeal, you must have grounds for the appeal:

Legal Errors

This can include errors made by the judge or the prosecutor during the trial. For example, if the judge allowed evidence that should not have been allowed or if the prosecutor made improper statements during closing arguments.

Ineffective Assistance of Counsel

This means that your lawyer did not provide you with adequate representation during the trial. For example, if your lawyer did not investigate a key piece of evidence or failed to call a witness who could have helped your case, this could be grounds for an appeal.

New Evidence

If new evidence comes to light after your trial, this could be grounds for an appeal. However, the new evidence must be significant and not have been available during the trial. Additionally, you must show that the new evidence would have impacted the trial's outcome.

Sentencing Errors

This can include errors made by the judge during sentencing, such as imposing a sentence that is too harsh or failing to consider mitigating factors.

Our Exceptional Criminal Appeals Attorneys are Here to Appeal Your Conviction

At Carlson Meissner & Hayslett, we take pride in delivering exceptional legal services that exceed our clients' expectations. Our location on the west coast of Florida makes us unique as the only law firm with a specialized appellate section dedicated to writing appeals for our esteemed clients. We cover every court in Florida, not just a specific jurisdiction, making our services accessible to everyone.

We believe that the appeals process requires an exclusive focus, which is why we offer a dedicated appellate lawyer, Thomas McLaughlin, to our clients. Mr. McLaughlin's extensive experience writing appeals for circuit court judges in Pinellas County and his background as an appellate staff attorney for the Sixth Judicial Circuit make him an expert in the field.

But what truly sets us apart is the collective strength of our team. Our criminal appeals lawyers in St Petersburg deeply understand Florida's criminal justice system, ensuring that every aspect of your case is handled with precision, dedication, and a commitment to justice. If you feel that your case was mishandled or your rights were violated, having a team of specialists behind you is essential.

We don't just offer a lawyer; we offer a team of specialists dedicated to every aspect of your legal journey. We're committed to guiding and defending you, ensuring that this challenging phase in your life transforms into an opportunity for justice and vindication. To schedule a comprehensive consultation, please contact us at 727-616-1210 or online. Let our dedicated appellate section make a difference in your appeal.

Banner media

Free Case Evaluation Contact us today to learn how we can help you navigate your legal concerns.

This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Get Started
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at 727-616-1210.
Contact Us