Criminal Appeals and Writs in Fort Lauderdale
- Direct appeal notice due within 30 days of the written sentence
- Rule 3.850 motion generally due within 2 years of a final judgment
- Writs mandamus, prohibition and habeas corpus
- Certiorari petition due within 30 days of the order
Fla. R. App. P. 9.140(b)(3) and 9.100(c); Fla. R. Crim. P. 3.850(b).
A conviction does not have to be the end of a case. Florida law gives a person who has been convicted more than one way to ask a court to review the judgment or the sentence, and wrongful convictions still happen. Daniel A. Callahan handles direct appeals, post-conviction motions and extraordinary writs.
Every case is unique, and the outcome depends on its facts and circumstances.
Direct appeal
A defendant may appeal a final judgment of guilt, an order withholding adjudication after a finding of guilt, and an unlawful or illegal sentence, among other orders. The notice of appeal is filed with the clerk of the trial court, at any time between the final judgment and 30 days after the written order imposing sentence (Fla. R. App. P. 9.140(b)).
Post-conviction relief: Rule 3.850
Even after the appellate process is exhausted, Florida Rule of Criminal Procedure 3.850 allows a motion to vacate, set aside or correct a sentence, for example to seek a new trial or to withdraw a plea. These motions are typically based on newly discovered evidence or on claims of ineffective assistance of counsel.
Most Rule 3.850 motions must be filed within 2 years after the judgment and sentence become final, with narrow exceptions; a motion to correct a sentence that exceeds the limits of the law may be filed at any time (Fla. R. Crim. P. 3.850(b)). Daniel files these motions on a client's behalf, including after a trial verdict. Call before a trial or after a verdict.
Extraordinary writs
An extraordinary writ asks a higher court to act directly. In criminal cases a petition most often follows the denial of a motion for discharge under the speedy trial rule, the denial of pretrial or post-trial release, or a conflict with a judge. A petition for a writ of certiorari to the circuit court is also how a driver seeks review of a DHSMV decision sustaining a license suspension (Fla. Stat. 322.2615(13)).
The Florida Constitution gives the courts the authority to issue these writs, and Fla. R. App. P. 9.100 governs the petitions; a petition for certiorari must be filed within 30 days of the order it asks the court to review.
What to do right now
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