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Criminal Appeals Process
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Miami Criminal Appeals Process Attorney

If you were wrongfully convicted, improperly charged or there were mistakes in your criminal trial, the criminal appeals process was designed to protect you. Attorney Clayton R. Kaeiser is a skilled appellate attorney who can help you navigate the appeals system on the state or federal level.

Skilled Appellate Representation

Attorney Kaeiser has more than 28 years of experience appealing criminal cases in state and federal courts. E-mail us or call 877-596-5602 to set up a consultation and discuss your criminal appeal.

Criminal Appeals in State Court

Clayton R. Kaeiser can help you through every step of the state criminal appeals process after your conviction, including:

  • Filing a notice of appeal: In state court, you have 30 days to file a notice of appeal. This is a strict deadline, so it is important not to miss the time limit. In his more than 28 years of practice, attorney Kaeiser has not missed this time limit.
  • Preparing the record for appeal: There are also strict time limits for filing the record with the clerk of the court. Additionally, there are filing fees and costs for court reporters.
  • Preparing the initial brief: After filing the record, we have 35 days to file the initial brief. The time limits are not as strict at this stage, and we may be able to get extensions if you have a complicated case and you need more time.
  • Answer brief and reply brief: After filing the initial brief, the state has 20 days to file an answer brief. They can also request extensions. We will then have 20 days to file a reply brief. While this is not always necessary, it can be a good way to respond to errors or omissions in the state's answer.
  • Request for oral argument: After the briefs are filed, we have a right to request an oral argument in front of the appellate court. This gives attorney Kaeiser a chance to appear in front of a panel of three judges to argue your case. Unlike in a criminal trial, a defendant does not have a right to be present.
  • Waiting for a ruling: After oral arguments, the court will issue a ruling. This can take a week or a year, depending on the complexity of the issues in your case.
  • Rehearing: If you do not win the initial appeal, we have another 15 days to request a rehearing.
  • Final mandate: The judgment in your case will not be final until the 15-day period has passed. After the rehearing period has expired, the court will issue a mandate and it becomes a final judgment.

After the mandate has been issued, you have 30 days to seek a review by the Florida Supreme Court. You also have 60 days after the mandate to file a motion to mitigate the sentence and try to get your sentence reduced.

Federal Criminal Appeals Process

Florida post-conviction lawyer Kaeiser represents clients in the 11th Circuit Court of Appeals in Atlanta. He helps clients from Florida, Georgia and Alabama, and throughout the United States, through every step of their federal appeals.

The criminal appeals process is similar to the state process, but there are some key differences, including:

  • There is a 10-day deadline for an appeal and a $455 filing fee
  • It is more difficult to get extensions on deadlines
  • It is harder to win a federal appeal
  • You can appeal to the Supreme Court of the United States by writ of certiorari within 90 days of the court issuing a mandate

Contact a Florida Post-Conviction Attorney

While winning an appeal is an uphill battle, attorney Kaeiser can help you through the process. Please e-mail us or call 877-596-5602 to learn more about the criminal appeals process from an experienced criminal defense lawyer.

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Thank you for your interest in our firm. The information contained on this Website contains statements, videos and other content about the type and quality of services offered by Clayton R. Kaeiser, as well as past results and testimonials about the firm. This information has not been reviewed or approved by the Florida Bar.

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