Home/ Practice Areas/ Criminal Defense/ Appeals & Post-Conviction
Appeals & Post-Conviction

Miami Appeals andPost-Conviction Attorney

Florida and federal appeals are governed by strict procedural deadlines. The clock starts the day judgment is rendered, and missed deadlines can permanently foreclose review.

!
Florida direct appeal: 30 days from rendition. Federal habeas under 28 U.S.C. § 2255: 1 year. Florida Rule 3.850 motions: 2 years. The first call should be the day judgment is entered, not weeks later.
📞 Call (305) 774-7000 Request Consultation
★★★★★4.8 / 5.0
100+ Verified Client Reviews
Featured on Google · Avvo · Facebook
35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Three Procedural Forums

Three Forums for Post-Conviction Review

Challenges to a conviction or sentence are pursued through three different procedural forums. Each has its own rules, its own scope of review, and its own deadlines. The right forum depends on the issue, the timing, and what relief is sought.

01

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.

02

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.

03

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.

Critical Filing Deadlines

Three 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.

30
Days / Direct Appeal

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.

2
Years / Rule 3.850

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.

1
Year / Federal Habeas

Federal Habeas Petitions

Federal habeas petitions under 28 U.S.C. § 2244(d) and § 2255(f) carry a 1-year limitations period. The clock typically runs from the date the conviction becomes final and may be tolled in narrow circumstances.

Issues That Can Be Raised

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.

Issue Category
Forum
Typical Basis
Trial ErrorsPreserved record issues
Direct Appeal
Evidentiary rulings, jury instructions, motion denials, sufficiency challenges. Must be preserved at trial to be reviewable on appeal.
Sentencing IssuesCalculation and legal errors
Direct Appeal / 3.800
Scoresheet errors, illegal sentences, departure issues, mandatory minimum challenges. Florida Rule 3.800(a) allows certain corrections at any time.
Ineffective CounselSixth Amendment claims
Rule 3.850 / § 2255
Strickland v. Washington claims that trial counsel performance fell below objective standards and prejudiced the defense. Filed post-direct appeal.
Newly Discovered EvidencePost-trial facts
Rule 3.850 Time-Sensitive
Evidence that was not available at trial and could not have been discovered with due diligence. Limited exception to the 2-year rule for diligently pursued claims.
Constitutional IssuesFederal claims
Federal Habeas
Federal constitutional issues raised after exhaustion of state remedies, including Brady claims, due process challenges, and Sixth Amendment violations.

Summary of Florida and federal appellate and post-conviction procedure. Not legal advice. Specific options depend on the case posture, the issues available, the original record, and applicable deadlines.

Defense Approach

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 identification, disciplined writing, and respect for procedural rules. The work that produces results happens in four areas.

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 often dissolve under careful record review, and issues that look unimportant often turn out to be the strongest grounds. The first task is to read everything, twice, with fresh eyes.

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 that 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.

Common Questions

Frequently Asked Questions

How long do I have to file an appeal in Florida?+
In Florida, a notice of appeal must be filed within 30 days of the rendition of the judgment or order under Florida Rule of Appellate Procedure 9.140. The 30-day deadline is jurisdictional. Missing it generally forecloses the direct appeal entirely. Counsel should be engaged the day judgment is entered.
What is a Rule 3.850 motion?+
Florida Rule 3.850 is the post-conviction motion procedure used to raise issues that fall outside the trial record, including ineffective assistance of counsel, newly discovered evidence, and certain constitutional claims. Most 3.850 motions must be filed within 2 years after the judgment and sentence become final, with limited exceptions.
What is the difference between a direct appeal and a post-conviction motion?+
A direct appeal challenges the trial court's decisions based on the trial record itself: evidentiary rulings, jury instructions, sufficiency of the evidence. A post-conviction motion under Florida Rule 3.850 raises issues that go beyond the trial record, including ineffective assistance of counsel and newly discovered evidence. They are different procedures with different rules and deadlines.
What is federal habeas corpus?+
Federal habeas corpus under 28 U.S.C. § 2254 (for state convictions) or § 2255 (for federal convictions) provides federal review of constitutional claims. State petitioners must first exhaust state remedies. The 1-year limitations period under § 2244(d) and § 2255(f) is strict and rarely tolled.
What is ineffective assistance of counsel?+
Ineffective assistance of counsel is a Sixth Amendment claim under Strickland v. Washington that trial counsel performance fell below an objective standard of reasonableness and prejudiced the defense. These claims are typically raised in Rule 3.850 motions or federal habeas petitions, not on direct appeal, because they often require evidence outside the trial record.
Can newly discovered evidence be raised after conviction?+
Sometimes. Florida Rule 3.850 allows newly discovered evidence claims that are filed within 2 years of when the evidence could have been discovered with due diligence. The standard is strict: the evidence must be material, must not have been available at trial, and must be of such weight that it would probably produce a different result.
What does an appeal cost?+
Appellate fees vary based on the length and complexity of the trial record, the number and difficulty of the issues, and the forum. Federal appeals and complex 3.850 proceedings typically involve more record review and longer briefing than straightforward direct appeals. Fees are discussed and set during the initial consultation.
What happens if I miss an appellate deadline?+
Missed deadlines often permanently foreclose the relief that was available within the deadline. Florida's 30-day direct appeal window is jurisdictional. The 1-year federal habeas limitations period is strict. The 2-year Rule 3.850 deadline has narrow exceptions. Some narrow remedies for missed deadlines exist (belated appeal under specific conditions), but they are limited and require their own showing.
Can I appeal a guilty plea?+
Direct appeals from guilty pleas are limited to specific issues, including the voluntariness of the plea, the legality of the sentence, and certain jurisdictional questions. Most plea-related challenges are raised through Florida Rule 3.850 motions rather than on direct appeal. The available options depend on the specific plea agreement and the issue.
Do you handle appeals outside Miami?+
Yes. Florida appeals are filed in the appropriate District Court of Appeal based on the trial court of origin. Federal appeals from Florida federal district courts go to the Eleventh Circuit. The firm handles appellate matters across South Florida.
Related Defense Areas

Related Criminal Matters

Appeals and post-conviction matters frequently involve cases that began in other practice categories. Each related area carries its own defense framework.

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, often violent crimes carrying substantial sentences. Sentencing and trial errors are common appellate issues.

Learn More →

Expungement & Record Sealing

Successful post-conviction relief that vacates a conviction can restore record-clearing eligibility. Coordinated post-conviction and record-sealing work protects the long-term position.

Learn More →

General Criminal Defense

For appellate matters arising from cases that span multiple charge categories, or where the underlying conviction does not fit one charge type cleanly.

Learn More →
Speak With Andre

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. Early representation preserves options that close quickly.

📞 Call (305) 774-7000 Request Confidential Consultation
Client Reviews

What Clients Say

Verified Google reviews from clients represented by the firm.