Direct or Belated Appeals

A direct or belated appeal is one way that a criminal defense attorney can challenge their client's conviction. In many cases, even if the defendant pleaded guilty to a criminal charge, they may still be able to challenge their sentence. 

An appellate hearing does not involve retrying the case again, rather it is an opportunity for your appellate attorney to argue that errors existed in the trial  process which had an impact on the trial decision, or the sentencing.

Almost every defendant is allowed a direct or belated appeal after the conviction and sentencing. In some cases, a plea agreement may have included language that the defendant can not appeal their case, but there may still be ways to appeal the sentence - even if a defendant waived an appeal.

Some of possible issues which can be raised on a direct or belated appeal, depend on the facts of the case, and how the judge handled the matter. One of the most common grounds for an appeal are whether the judge improperly admitted evidence, or excluded evidence. The evidence which the jury does (or does not) see can have a major impact on the verdict.

Other legal grounds for an appeal may expose improper jury instructions, sentencing errors, lack of sufficient evidence to support a guilty verdict, jury misconduct, or misconduct by the prosecutor.

We recommend you contact one of our cooperating Florida licensed attorneys listed on this site, or have us conduct a Case Review that will be reviewed by one of these attorneys, to determine if meritorious grounds exist to move forward with a direct or belated appeal.