Daytona Beach Appeal Lawyer

Are You Seeking to Appeal a Criminal Conviction in FL?

If you have been unfairly convicted of a crime, you have the right to appeal your guilty verdict. This includes appeals regarding jail terms as well as court-ordered restitution. Appeals are typically made when there have been court errors in a case or the law wasn't followed. In these situations, a higher court will agree to review the decision of the lower court where the conviction occurred.

There is no new evidence introduced during an appeal. The purpose of an appeal is to evaluate whether or not any errors were made during the earlier trial that resulted in the guilty verdict. If, after careful examination, the appellate court agrees that mistakes were made, the court can reverse, overturn, modify, or send the case back to the trial court for further action.

An appeals case requires a highly competent attorney with both knowledge and experience in the appeals process. If you are seeking an appeal, contact a Daytona Beach criminal defense lawyer to have your case reviewed. The capable attorneys at Buckmaster & Ellzey can discuss the merits of your appeal and explain the process.

Contact our firm today or give us a call at (888) 785-6548 to get started on your consultation with our appeals lawyer in Daytona Beach.

Grounds for a Criminal Appeal in Florida

An appeal in Florida must be based on specific legal errors that occurred during trial and prejudiced the outcome, not simply dissatisfaction with the verdict. Our appeals attorney team meticulously reviews trial records for these reversible errors.

• Legal Errors During Trial: Includes improper admission or exclusion of evidence, incorrect rulings on motions, erroneous jury instructions, or an illegal/erroneous sentence.
• Insufficient Evidence to Support a Conviction: If no rational fact-finder could have found all elements of the crime proven beyond a reasonable doubt, even viewing evidence favorably for the prosecution.
• Ineffective Assistance of Counsel: Trial attorney's performance fell below a reasonable standard, and this likely changed the outcome of the case (e.g., failure to investigate, file motions, or object).
• Prosecutorial Misconduct: The prosecutor engaged in unfair, unethical, or illegal tactics that prejudiced the right to a fair trial, such as withholding exculpatory evidence or making improper arguments.
• Constitutional Rights Violations: Errors that violated fundamental constitutional rights, including unlawful searches/seizures (Fourth Amendment), coerced confessions/denial of silence (Fifth Amendment), or denial of confrontation/counsel/speedy trial (Sixth Amendment), and due process violations (Fourteenth Amendment).

The Florida Criminal Appeals Process

The appellate process in Florida is a meticulous and time-sensitive journey. Buckmaster & Ellzey guides clients through each phase. A dedicated appeals attorney in Daytona Beach is indispensable for navigating this complex system.

• Initiating the Appeal and Record Preparation:
  • Filing the Notice of Appeal: File with the lower court clerk within 30 days of the final judgment, order, or sentence.
  • Designation of Record and Ordering Transcripts: Within 10 days of notice, specify necessary documents and testimony for the record on appeal and order transcripts.
  • Preparation and Transmission of the Record: The trial court clerk compiles all case documents and transcripts, then sends the complete record to the appellate court.
  • Briefing and Oral Argument:
• Filing Appellate Briefs:
  • Initial Brief (Appellant's Brief): Drafted by your attorney, comprehensively outlining legal errors with supporting arguments, typically due 30 days after the record is filed.
  • Answer Brief (State's Response): Filed by the prosecution, arguing to uphold the conviction, typically due 30 days after the initial brief.
  • Reply Brief (Optional): Filed by your attorney to address the State's arguments, typically due 20 days after the answer brief.
  • Oral Argument: Either party may request oral arguments (within 10 days after the last brief), allowing direct presentation to a panel of judges and answering their questions.
  • Decision by the Appellate Court: The appellate court issues a written opinion or a per curiam affirmed (PCA) decision, which can:
    • Affirm
    • Reverse
    • Vacate and remand
    • Modify the conviction
• Supreme Court Review (if applicable):
  • Application for Discretionary Review: If unsuccessful at the District Court of Appeal, your attorney may seek discretionary review from the Florida Supreme Court within 30 days of the DCA's decision, for cases involving significant legal issues or conflicts.

Appeal Attorney in Daytona Beach

Buckmaster & Ellzey is a qualified criminal defense firm with considerable experience in appeal cases at both the state and federal levels. We are knowledgeable in the statutes pertaining to appeals and will aggressively challenge any unlawful or unconstitutional convictions. 

Our legal team stays abreast of evolving appellate rules and regulations, ensuring a contemporary approach to each case we handle. This dedication to ongoing legal education allows us to anticipate potential challenges and present innovative solutions.

A guilty verdict in a criminal case can be appealed due to:

• Prosecution mistakes and errors
• Defense mistakes and errors
• Evidence was incorrectly admitted
• Evidence was incorrectly excluded

If your conviction warrants an appeal, our firm can be counted on to defend your rights and work diligently to overturn your conviction.

Contact a Daytona Beach appeal lawyer or give us a call at (888) 785-6548 to have your conviction reviewed and to discuss the possibility of an appeal.

Frequently Asked Questions About Criminal Appeals in Daytona Beach

What is the success rate of appeals in Florida?

The success rate of appeals in Florida depends largely on the specific facts and legal issues involved in the original trial. Appellate courts generally do not reconsider factual findings, so appeals are usually only successful when there are clear and significant errors of law or procedure. While outcomes can never be guaranteed, having experienced Daytona Beach appeals attorneys like those at Buckmaster & Ellzey can make a substantial difference in identifying valid appellate grounds and effectively presenting arguments to the court.

How long does the appeal process take in Daytona Beach?

Appeals can take several months to more than a year, depending on various factors. The complexity of the legal issues, the volume of the trial record, the time required to draft appellate briefs, and the appellate court’s schedule all contribute to the timeline. At Buckmaster & Ellzey, we prioritize efficiency and communication, keeping you informed while working diligently to move your case forward as quickly as possible.

Can new evidence be introduced during an appeal?

No, appeals are not opportunities to present new evidence. The appellate court only reviews the trial court record for legal errors. This includes reviewing trial transcripts, exhibits, and court rulings. If you believe new evidence may significantly impact your case, a different type of post-conviction relief may be more appropriate. Our attorneys can help determine the most effective strategy based on your circumstances.

What happens if I win my appeal?

If your appeal is successful, the court may overturn the conviction, order a new trial, modify the sentence, or even dismiss the case entirely, depending on the nature of the error. A win on appeal is not always the final step—some cases may be sent back to the trial court for further proceedings. Our team will guide you through each stage, from appeal to potential retrial or resolution.

How soon should I file an appeal?

Florida law requires that a notice of appeal be filed within 30 days of the final judgment or sentencing. This deadline is strict, so it’s important to act quickly. Missing the window can forfeit your right to appeal. If you’re considering appealing a conviction or sentence, contact Buckmaster & Ellzey as soon as possible to begin the review process and preserve your legal options.

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