Issues Unique to Florida Criminal Appeals
Florida's appellate system presents distinct challenges that require attorneys with specialized knowledge of the state's procedural rules and court structures. The state operates six District Courts of Appeal, each serving a specific geographic region: the First District in Tallahassee covering the Panhandle and North Florida, the Second District in Tampa serving the Tampa Bay area and Southwest Florida, the Third District in Miami handling Miami-Dade and Monroe counties, the Fourth District in West Palm Beach covering the Southeast coast, the Fifth District in Daytona Beach serving Central Florida, and the Sixth District in Lakeland. Understanding which district has jurisdiction over your case can significantly impact appellate strategy.
The Florida Supreme Court sits atop the appellate hierarchy but exercises mandatory jurisdiction in only limited circumstances, most notably death penalty cases and cases where a District Court of Appeal has declared a state statute unconstitutional. In most criminal appeals, access to the Supreme Court is discretionary through Conflict Certiorari, where the court may choose to hear cases in which District Courts have issued conflicting decisions on the same legal question.
Post-conviction relief in Florida operates primarily under Rule 3.850 of the Florida Rules of Criminal Procedure, which allows defendants to challenge their convictions based on ineffective assistance of counsel, newly discovered evidence, or other constitutional violations. Rule 3.850 motions must generally be filed within two years of the conviction becoming final, though certain exceptions exist. The procedural requirements are strict, and courts routinely deny facially insufficient motions without holding evidentiary hearings. Capital cases follow separate procedures under Rule 3.851, with different timelines and mandatory case management conferences.
One of the most critical deadlines in Florida criminal appeals is the 30-day window for filing a notice of appeal after sentencing. Missing this deadline can permanently forfeit the right to direct appeal. Additionally, Florida's Anders brief procedure governs situations where appointed appellate counsel believes no meritorious issues exist for appeal. In such cases, counsel must file a brief explaining why the appeal lacks merit, and the defendant receives an opportunity to file a pro se brief raising additional issues.
How To Choose a Florida Criminal Appeals Lawyer
Selecting the right appellate attorney requires careful evaluation of the lawyer's specific experience with Florida's post-conviction procedures. Begin by asking prospective attorneys how many Florida criminal appeals they have handled and what their success rate has been. Request examples of cases similar to yours in terms of the charges, the court, and the type of relief sought. An attorney who has argued before the specific District Court of Appeal that will hear your case brings valuable insight into that court's expectations.
Evaluate the attorney's familiarity with the particular type of post-conviction relief you need. Direct appeals from trial court judgments require different skills than Rule 3.850 motions alleging ineffective assistance of counsel. If your case involves DNA evidence or other forensic issues, ask whether the attorney has experience challenging scientific testimony. For capital cases, verify that the attorney understands the unique procedural requirements of Rule 3.851.
Communication style matters significantly during lengthy appellate proceedings. Ask how frequently you can expect updates and inquire about who will actually perform the legal research and brief writing, as some firms delegate substantial work to junior associates. Be cautious of attorneys who guarantee specific results or promise unrealistic outcomes. Appellate courts reverse convictions in only a small percentage of cases, and any honest attorney will acknowledge the difficult odds while explaining why your circumstances may warrant appeal.
Understanding Prices for Florida Criminal Appeals
Criminal appeals in Florida involve substantial attorney time for reviewing trial transcripts, researching legal issues, and preparing written briefs. Most Florida appellate attorneys charge either a flat fee for the entire appeal or an hourly rate, depending on the case's complexity. Flat fees for straightforward direct appeals typically range from several thousand dollars to tens of thousands, while complex cases command higher fees.
Several factors influence appellate attorney pricing. The length of the trial transcript directly affects review time. Cases involving multiple defendants, lengthy trials, or voluminous documentary evidence require more work. The number and complexity of issues to be raised also matters, as each argument requires independent research and briefing. Capital cases typically cost more due to intensive preparation requirements.
When discussing fees, ask whether the quoted amount includes all stages of the appellate process or only the initial brief. Many appeals involve reply briefs, oral argument preparation, and potentially petitions for rehearing or discretionary Supreme Court review. Also inquire about costs beyond attorney fees, including transcript preparation, filing fees, and travel costs for oral argument. Ask about payment plans if the full amount exceeds your immediate resources.
About SPCRC Recommendations
The Spolin Post-Conviction Resource Center provides recommendations for Florida criminal appeals lawyers as a public service to help individuals find qualified appellate counsel. Our recommendations are entirely independent and reflect our assessment of attorneys' qualifications, experience, and reputation within the Florida legal community. We do not accept payment from any attorney or firm in exchange for inclusion, and no attorney can purchase a favorable listing or higher placement.
Our evaluation process considers multiple factors when assessing Florida appellate attorneys. We examine their track record in obtaining relief for clients, including published appellate decisions demonstrating their work product. We consider their familiarity with Florida's specific procedural rules, their standing with the Florida Bar, and feedback from clients and other legal professionals. We also assess whether attorneys maintain transparent fee practices and communicate effectively with clients.
We recognize that selecting an attorney is a deeply personal decision depending on your individual circumstances. Our recommendations serve as a starting point for your research rather than a definitive endorsement for your case. We encourage you to interview multiple attorneys, ask the questions outlined above, and make your own informed judgment about who can best represent your interests.