Miami Appeals and Post-Conviction Attorney
Florida and federal appeals across Miami-Dade and South Florida are governed by strict procedural deadlines. The clock starts the day judgment is rendered, and missed deadlines can permanently foreclose review.
Frequently Asked Questions
How long do I have to file an appeal in Florida?+
What is a Rule 3.850 motion?+
What is the difference between a direct appeal and a post-conviction motion?+
What is federal habeas corpus?+
What is ineffective assistance of counsel?+
Can newly discovered evidence be raised after conviction?+
What does an appeal cost?+
What happens if I miss an appellate deadline?+
Can I appeal a guilty plea?+
Do you handle appeals outside Miami?+
Forums for Post-Conviction Review
Challenges to a conviction or sentence are pursued through different procedural forums. Each has different rules, scope of review, and deadlines. The right forum depends on the issue, the timing, and what relief is sought.
Direct Appeal
Florida Rule of Appellate Procedure 9.140 review of trial court errors based on the record. Limited to issues preserved at trial. Filed in the appropriate District Court of Appeal in Florida or the Eleventh Circuit in federal court.
Florida Rule 3.850 Motion
Post-conviction motion in the trial court raising issues outside the trial record, including ineffective assistance of counsel, newly discovered evidence, and constitutional issues that could not have been raised on direct appeal.
Federal Habeas / 2255
Federal post-conviction relief under 28 U.S.C. § 2254 (state convictions) or 28 U.S.C. § 2255 (federal convictions). Requires exhaustion of state remedies for state cases and follows strict federal procedural rules.
The Deadlines That Define These Cases
Appeals and post-conviction matters are defined by deadlines. Each forum has a strict filing window, and missed deadlines can permanently foreclose review. The earlier counsel is engaged, the more options remain available.
Florida Direct Appeal
Notice of appeal must be filed within 30 days of rendition of the judgment or order under Florida Rule of Appellate Procedure 9.140. The 30-day window is jurisdictional and rarely tolled.
Florida Post-Conviction
Florida Rule 3.850 motions for post-conviction relief generally must be filed within 2 years after the judgment and sentence become final. Limited exceptions exist for newly discovered evidence and certain other claims.
Federal Habeas Petitions
Federal habeas petitions under 28 U.S.C. § 2244(d) and § 2255(f) carry a 1-year limitations period. The clock generally runs from the date the conviction becomes final and may be tolled in narrow circumstances.
What Gets Challenged on Review
Each forum allows different categories of challenges. The forum must match the issue, and the issue must match the deadline.
Summary of Florida and federal appellate and post-conviction procedure. Options depend on the case posture, the issues available, the original record, and applicable deadlines.
How an Appeals Case Gets Built
Appellate and post-conviction work is different from trial work. The case is decided on the record and the briefing, not on live witnesses. Strong appeals depend on careful record review, focused issue selection, and disciplined writing.
Comprehensive Record Review
Every appeal begins with the trial record: the transcripts, the rulings, the filings, the exhibits, and the jury instructions. Issues that look promising in summary in many cases dissolve under careful record review, and issues that look unimportant generally turn out to be the strongest grounds. The first task is to read everything, twice, with fresh eyes.
In appellate practice, raising fewer issues signals more strength than raising many.
Issue Identification and Selection
Strong appellate briefs raise a small number of well-supported issues. Brief writing that lists every possible argument signals weakness; brief writing that focuses on the two or three strongest preserved issues signals confidence. Issue selection is the single most important strategic decision in an appeal. Weak claims dilute the strong ones.
Procedural Rigor
Florida and federal appellate practice are governed by strict procedural rules. Notice of appeal timing, designations to the clerk, transcript orders, briefing schedules, page and word limits, and citation format all matter. Procedural failures can foreclose substantive review entirely. Procedural discipline protects the substantive case.
Writing the Panel Will Read
Appellate panels read hundreds of briefs. Briefs that are clear, well-organized, properly cited, and respectful of the court get read carefully. Briefs that are inflated, accusatory, or poorly written get skimmed. The brief is the case. Writing quality directly affects outcome.
Related Criminal Matters
Appeals and post-conviction matters commonly involve cases that began in other practice categories. Related areas follow different defense frameworks.
Federal Crimes
Federal appeals go to the Eleventh Circuit, and federal post-conviction relief follows 28 U.S.C. § 2255. Federal practice rules differ substantially from state appellate practice.
Learn More →Violent Crimes
Most appellate and post-conviction work involves serious felony convictions, commonly violent crimes carrying substantial sentences. Sentencing and trial errors are common appellate issues.
Learn More →Appeals & Post-Conviction Across Miami-Dade and Broward
Each city carries a different set of local courts, arresting agencies, and case patterns. The pages below cover the particular details that matter in each area.
Direct attorney access at (305) 774-7000
Appellate and post-conviction matters are deadline-driven. Notice of appeal, record review, issue identification, and briefing all need to start immediately. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter generally creates more options than calling late.
What Our Clients Say
Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.
