Representation For Criminal Appeals Since 1993

When a person is unjustly convicted or unlawfully sentenced, quick action is crucial. Failing to meet the rule-imposed deadlines could mean the claim may be forever lost.

This is known as "procedural bar." Procedural bar has allowed innocent people to be executed and kept people imprisoned due to the mistakes of others.

In state court criminal matters, there are two avenues of appeal. Each presents different issues, deadlines and procedures that need to be navigated. Direct appeals are filed in the Florida's Court of Appeals pursuant to the rules of appellate procedure. Collateral appeals are filed with the local trial court pursuant to the criminal rules.

Direct Appeals

Direct appeals are based on "the face of the record." The record includes the verbal or written recording of all court proceedings that led up to the conviction, regardless of whether the conviction is the result of a trial or a plea.

Direct appeals may address errors that occur during trial, including improper argument, erroneous rulings on evidence or ruling on motions of law. They may also address sentencing issues. However, many sentencing errors require that a motion be made prior to an appeal. Failing to do so can result in procedural bar.

The time limit for filing a Notice of Appeal is 30 days after the judgment and sentence become final. For those with no prior criminal record, release on bond pending appeal may be possible.

Collateral Appeals

Collateral appeals may incorporate information or evidence outside the court's record. This may include relief based on ineffective assistance of counsel, an involuntary plea or newly discovered evidence. They may also include sentencing errors, corrections and modifications.

The deadlines and rules of procedure for collateral appeals vary based on the rule that authorizes the relief. It may be as short as 30 days, or as much as two years.

Contact Our Sarasota Attorneys To Discuss Your Case

At McIntosh Law, we are dedicated to personalized, superior and results-oriented representation. Contact McIntosh Law today by email or phone at 941-306-3230 for an initial consultation to discuss your criminal law questions and concerns.

Our lawyers represent clients throughout Florida. We offer flexible appointment times and we accept all major credit cards.