Florida Appellate Practice Legal Questions

Google Jacksonville criminal defense / appeal lawyers who provide free initial consultations, and ask them to look at the docket and discuss with him whether a) the sentence is contrary to the plea agreement, and b) whether he can still move to withdraw his plea. If he still has time to move to withdraw the plea, does so, and that is denied, he can appeal the denial of the motion to withdraw the plea. The grounds to appeal after a plea and sentencing are very limited, that is not the only one, but call around and find someone local to him who will provide a free consultation, then if they think they can help him, they'll tell you how much they'd charge.... Read Answer

Both have time limits - if I were in custody, I'd make sure I didn't miss any filing deadlines on things that might get me out of custody. Like a 2255. But by suit, it sounds like you mean civil litigation for the loss of assets - I don't know of any procedural or substantive reason why you can't file both at the same time.... Read Answer

Unfortunately the question raises more questions. An answer to a question you didn't necessiarly ask is that once an appeal is docketed, the District Court of Appeals can grant extensions of time in which to file an initial brief. You should consult a Florida appellate attorney with the specifics of your case to find out the answer you're actually looking for.... Read Answer

There are qualified criminal appellate and postconviction attorneys all over the state who will provide a free initial consultation if you reach out to them with more details and so they can ask questions to determine what, if anything, you can do at this point. Most of your options went away when you pled, but truly newly discovered evidence might be of use.... Read Answer

Unfortunately, there isn't enough information in your question to try to answer. It isn't clear what paperwork the State might file that would have anything to do with your son appealing a criminal case. In Florida, your son's attorney has certain professional obligatons to file specific paperwork if your son wants to appeal, not the State. Because you say you're looking for appellate counsel already, the best suggestion I have is to do that: there are a number of qualified criminal appellate attorneys all over the state who will be happy to give you a free initial consultation, and get the details from you that may help them answer your question. Wishing you and your family the best, Keith... Read Answer

I hate having to sound like a lawyer, but your brother should avail himself of one of the many Florida criminal postconviction attorneys who offer free initial consulations. There are many, all over the state, who will request his name and case number, look at the relevant docket entries, and advise you about what options he may have available and whether Florida Statute 900.06 will impact your brother's situation when it goes into effect July 1, 2019. ... Read Answer

Those are actually two much more difficult questions to answer than you might think, especially if the conviction happened over 18 years ago. The best I can tell you, I'm afraid, is to call around for appellate / postconviction attorneys who provide free initial consultations, so they can get the details necessary to discuss what options your loved one still has. Best of luck to you and your family.... Read Answer