"Mr. Pumphrey rescued my family in a time of crisis. A simple traffic stop turned into out-of-state incarceration for my adult son. Our family has zero experience with needing legal counsel. We were referred to Mr. Pumphrey by another lawyer based on his reputation. Mr Pumphrey was knowledgeable about the out-of-state circumstances and educated us on the complexities of the situation. He and his staff answered and/or returned every phone call promptly. They were able to resolve this in a week’s time. The charges were dropped and my son was released. Mr. Pumphrey will always have my eternal gratitude. His knowledge, actions, and ability to resolve this quickly saved my son." by Amy C., Past Client
"Superlative firm, experienced and professional. Definitely a stand out in Tallahassee." by Austin C., Past Client
"The legal and emotional support is unsurpassed." by Braxton O., Wife of Past Client
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"I would recommend them to anyone that is in need of the best legal care available!!! " by J. Martinez, Past Client
"When the quality of rest of your life is at stake go with Don trust me he has literally saved my life more then once" by J. Smith, Past Client
"[Don] is honest, truthful and the person you want in your corner." by J. Williams, Past Client
"I highly recommend them for your legal needs." by Jane S., Past Client
"You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
"I will definitely be recommending his firm to anyone I come across that needs legal counsel. Thank you Don! You put our anxiety at ease and established a relationship and referrals for a lifetime!" by Kim S., Past Client
"During our initial phone conference with Mr. Pumphrey, we could tell that our son was in good hands." by Michelle K., Parent of Past Client
" Look no further and trust you child's case to Don Pumphrey. Please don't allow your child to settle for less. " by R.O., Parent of Past Client
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""Best Lawyer in Town"" by Yohan Lange, Former Client
Our attorneys help clients file a criminal appeal to review a matter arising from a criminal case. Direct appeals can also be filed on behalf of a juvenile after a disposition in a delinquency case from juvenile court.
After a person is convicted of a crime in Circuit Court because of a felony charge, the direct appeal is filed in the District Court of Appeal. Most direct appeals occur after a trial because the grounds for a direct appeal after a plea of pled guilty or no contest are very narrow.
Appeals from a conviction in county court are appealed to the Circuit Court. A criminal defense attorney can also help you file an extraordinary writ by the filing of a petition containing the arguments within the time allowed by law, as described in the Florida Rules of Appellate Procedure 9.100. The writs include a writ of habeas corpus, certiorari, mandamus or prohibition, both before trial and after judgment.
Attorneys for the Direct Criminal Appeal in Tallahassee, FL
If you were convicted of a felony or misdemeanor in circuit court or county court in Leon County, or any of the surrounding counties in North Florida, then contact an experienced criminal appellate attorney at Pumphrey Law. Many of our appeal cases are referred to us by other criminal defense attorneys throughout the State of Florida.
It is often better to hire a different attorney for the appeal instead of hiring the attorney that tried the case at the trial level. The appellate attorney can bring a fresh perspective to fighting the case on appeal.
If you or a loved one was just convicted of a felony or misdemeanor after trial, then act quickly to talk with an appellate attorney about filing the direct appeal of the criminal conviction. Our appellate attorneys also represent clients in writs include a writ of habeas corpus, certiorari, mandamus or prohibition, both before trial and after judgment.
After a conviction of a felony or misdemeanor, you only have 30 days to file the notice of appeal. Your appellate attorney in Florida will also file the appropriate documents to request that the record and transcripts are properly prepared.
After the record on appeal is ready, your attorney will file a written brief explaining all of the issues. The prosecution will file a response brief. Shortly thereafter, your appellate attorney gets the last word in a reply brief. In many cases, your appellate attorney will also request oral arguments so that the attorneys can explain the issues and answer questions posed by the appellate court before a decision is made.
The direct appeal occurs after the judgment and sentence because defendants in criminal cases cannot usually take appeals from pre-trial orders entered prior to the verdict in the case. In some cases, the prosecution is permitted to appeal certain orders suppressing evidence or dismissing charges before trial. Additionally, after the trial, the State can appeal orders granting a new trial or a judgment of acquittal after a guilty verdict.
The district court also has jurisdiction to hear extraordinary writs, such as writs of habeas corpus, certiorari, mandamus or prohibition in exceptional circumstances, both before trial and after judgment. These are requests to a court to exercise its discretionary power to decide a special class of issues, such as the legality of custody of a person.
What is the Purpose of a Criminal Appeal
The purpose of a direct criminal appeal is to review the decisions made by the judge in the trial court to determine if harmful legal errors have occurred. A legal error is harmful if it affects the outcome of the case. The appeals are not like the trial in the sense that the appeal is not intended to give the parties a second opportunity to reargue the facts of the case.
The other purpose of a direct criminal appeal is to determine whether sufficient evidence supports the conviction. If not, the conviction can be overturned on appeal.
If you were convicted of a criminal offense, then contact an experienced criminal defense attorney to discuss filing a direct criminal appeal to have the conviction overturned or so that a new trial can be granted. Call our experienced appellate attorneys in Tallahassee, FL, to discuss your case today. Schedule your free consultation with a lawyer now.
This article was last updated on Friday, May 26, 2017.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.