Appeals and Writs

Most people are unaware of the extent of representation that is required in the event that one is convicted. Although more and more movies are being made to immortalize efforts made to free wrongfully imprisoned individuals, the potential for these convictions still exists.

It is quite surprising how many individuals obtain appellate relief, either on direct appeal or through post-conviction motions. But each case is unique, and outcomes can vary depending on the facts and circumstances of the specific case. Exposure to appellate practice enables an attorney to see a different world than that of a trial attorney.

Post-conviction relief: Rule 3.850

Even after the appellate process is exhausted, Florida Rule of Criminal Procedure 3.850 provides for potential relief. Typically based on newly discovered evidence and claims of ineffective assistance of counsel, the trial court provides this final avenue of access to the court in order to seek a new trial or to withdraw a plea. That is why I say "call me now or later": I am available to file motions on an individual's behalf even after a trial verdict has been reached.

Extraordinary writs

The filing of an extraordinary writ arises mostly from a denial of relief on a discharge motion for speedy trial, a denial of pre-trial or post-trial release, or even a conflict with a judge. In addition, writ practice is a must if you want to seek review of the DMV license suspension review process. The Florida Constitution provides the courts original and appellate jurisdiction and authority to issue the relief sought by an extraordinary writ.