The Strong Defense
You Deserve
Image of attorneys and staff at Brunvand, Wise & Farinella Law Group
Understanding the Appeal Process in Florida: How Brunvand & Wise Law Group Can Help You Move Forward
If you’ve been convicted of a crime in Tampa, Florida, and believe mistakes were made during your trial, you still have options. At Brunvand & Wise Law Group, we understand how overwhelming a conviction or harsh sentence can feel. The appeal process provides a way to challenge parts of your case—if specific legal errors occurred. Knowing how this works empowers you to make informed decisions about your future.
What Is an Appeal?
An appeal is not a second trial. Instead, it’s a review of your trial record to determine whether errors were made—by the prosecutor, the trial judge, or both—that might have affected your conviction or sentence. These could be errors in legal procedure, admission or suppression of evidence, jury instructions, or rulings that weren’t consistent with Florida law.
With an appeal, you cannot present new evidence or re-argue facts. Rather, the appellate court examines what already happened and whether the law was applied correctly. At Brunvand & Wise, our appellate attorneys are focused on identifying those legal issues, drafting compelling briefs, and presenting your case in the strongest possible light.
Who Can File an Appeal—and When
Anyone convicted in a Florida criminal court has the right to appeal within a 30-day window from the date of judgment or sentencing. However, having the right doesn’t automatically mean there’s something to appeal. For an appeal to succeed, there must have been significant legal errors—such as:
- Admission of evidence that should have been excluded
- Exclusion of evidence that should have been admitted
- Improper jury instructions
- A judge denying a motion to suppress or dismiss when legally required
- Sentencing based on impermissible evidence or other legal mistake
If certain objections weren’t raised during the original trial, those issues may be considered “waived” and unavailable for appeal. That’s why it’s crucial your trial attorney takes careful, specific objections during trial. At Brunvand & Wise, we evaluate your case thoroughly to see whether any issues were preserved and whether they have merit.
The Key Steps in a Florida Appeal
Here are the standard steps in Florida’s criminal appeal process, and what Brunvand & Wise handles at each stage:
- Filing a Notice of Appeal
This is your first formal step. Your attorney must file in the trial court (or the court that issued the ruling) typically within 30 days of that ruling. - Obtaining the Record on Appeal
This includes all documents filed in your case, plus transcripts of trial, sentencing, and any hearings. Brunvand & Wise pulls together this complete record, examining it carefully for errors. - Preparing & Filing the Initial Brief
We review the record, conduct legal research, and set out the legal arguments showing where errors occurred and why those errors warrant a reversal, a new trial, or a new sentencing. - Answer Brief from the Prosecution
The prosecution (or State) responds, possibly arguing that no error occurred or that any mistake was harmless—meaning it didn’t affect the trial’s outcome. - Reply Brief and/or Oral Argument
You (through your attorney) may get one final written opportunity to respond to the State’s arguments and point out flaws in their brief. In some cases, the court grants oral argument—giving both sides a chance to present in person before appellate judges. Brunvand & Wise can request this when it strengthens your case. - Appellate Court Decision
The appellate court may affirm the conviction, reverse it, order a new trial, reduce a sentence, or dismiss certain charges depending on what it finds. Decisions typically take 8 to 18 months, depending on complexity, the court’s caseload, and how quickly all documents are filed.
Other Important Considerations
- Appeals After a Plea: If you pled guilty, you often waive many rights to appeal. But there are exceptions—if the plea wasn’t entered “freely, knowingly, and voluntarily,” or if you preserved the right to appeal certain issues before plea/sentencing. Brunvand & Wise helps determine whether any exceptions apply to your plea.
- Cost & Filing Fees: Filing fees are required—usually part in the trial court and part in the appellate court. These may be waived if you can show you cannot afford them. Our firm can assist in preparing those requests.
- Why Hire an Experienced Appeal Attorney: The appellate process is technical. Success depends on knowledge of Florida law, precise writing, attention to detail, and experience arguing legal points. Without that, even serious mistakes made at trial can go uncorrected.
How Brunvand & Wise Law Group Can Help You
At Brunvand & Wise:
- We provide honest evaluations of whether your case is appealable and whether errors occurred that merit relief.
- We handle each step from filing notice to arguing before appellate courts.
- We have experience analyzing complex trial records, formulating legal arguments, and advocating aggressively for clients.
- Most importantly, we make sure you understand your rights, your options, and what to expect at every stage.
Moving Forward
If you believe your trial involved mistakes—especially errors that weren’t properly objected to or preserved—or you were given a harsh sentence you think was unjust, you may qualify for an appeal. Time is limited, though: missing deadlines can mean losing your right to challenge the conviction.
Contact Brunvand & Wise Law Group today for a free or low-cost consultation. Let us review your case, explain whether appeal is possible, and develop a strategy to fight for justice. You do not have to accept the outcome—you have rights. And Brunvand & Wise is here to protect them.