Tampa Appeals Lawyer
The defendant in a criminal case in Florida has a broad right to appeal. Although more limited, the State can also appeal certain matters. Direct appeal following a conviction at trial is a matter of right for defendants, and other types of appeals may be available as well. With 22 years of experience in criminal law, Tampa appeals lawyer Donald C. Barrett is familiar with many potential issues that can be appealed after trial.
How Appeals Work in Florida Criminal Cases
An appeal is not simply another chance to re-argue your case in a different court. Instead, an appeal must identify specific grounds for appeal in the form of legal error – some mistake made in the lower court which affected the outcome of the trial. The focus of the appeal will be on these types of errors.
Unless the error is considered “fundamental,” it must have been properly preserved at trial, meaning a specific objection was timely raised and ruled on by the judge. If a defendant enters a plea of guilty or no contest, the grounds for appeal are much more limited. In some instances, a defendant will enter a plea of guilty or no contest while expressly reserving their right to appeal the trial court’s denial of a dispositive pretrial motion.
As an experienced criminal law attorney who has handled thousands of criminal cases, Donald C. Barrett strives to properly preserve all appellate issues for his clients. If your plea or trial was handled by another attorney, Donald Barrett can review the record and determine whether grounds for appeal exist.
Common grounds for appeal of a criminal conviction in Florida include:
- Insufficient charging document
- Erroneous ruling on a motion
- Discovery violation
- Inadmissible evidence or testimony was admitted
- Abuse of judicial discretion
- Insufficient evidence to convict
- Prosecutorial misconduct
- Improper jury instructions
- Juror misconduct
- Illegal sentence
- Double jeopardy
- Speedy trial violation
Act Quickly to Preserve Your Tampa Criminal Appeal
If you are considering an appeal, make sure you retain a qualified and experienced Tampa appeals lawyer. There are important time limitations when filing an appeal. Contact Donald C. Barrett, P.A. at 813-280-1201 for a free consultation.