A Second Look At Your Case When The Stakes Are Highest
If you or someone you love has been convicted in Sarasota County, it can feel like the system has already made up its mind. A harsh sentence, a guilty verdict, or a plea that no longer feels fair can raise real questions about what went wrong. As a criminal appeals attorney in Sarasota, we focus on taking a careful second look at what happened in court.
At Law Offices of Eric Reisinger, PA, our criminal defense lawyers are used to handling serious charges in this area. We study the record, search for legal errors, and explain whether an appeal or other post-conviction option may be available. Our team works to provide clear guidance, so you understand possible next steps rather than guessing about your future.
We bring extensive litigation experience to every review, along with a strong understanding of Sarasota County criminal courts. Attorney Reisinger’s background as a prosecutor gives our team insight into how the State builds and defends convictions, which can be important when evaluating an appeal.
Whether you are challenging a felony conviction or seeking post-conviction relief, ensure you have an appeals attorney who understands the high stakes of the Florida appellate system. Call (941) 541-5335 or reach out online today to schedule a free consultation.
Common Grounds for a Criminal Appeal
A criminal appeal focuses on whether legal errors occurred during the trial or sentencing that may have affected the outcome of the case. While every situation is different, appeals in Florida often rely on several common legal grounds.
Errors in Applying the Law: An appeal may be based on a judge misinterpreting or misapplying Florida law, including incorrect jury instructions or improper legal standards used during trial.
Improper Admission or Exclusion of Evidence: If evidence was wrongly admitted or excluded—such as unlawfully obtained statements or evidence that should have been suppressed—this can form the basis for an appeal.
Prosecutorial Misconduct: Appeals may arise from improper actions by the prosecution, including inflammatory statements, withholding exculpatory evidence, or violating procedural rules.
Ineffective Assistance of Counsel: If trial counsel’s performance fell below legal standards and negatively affected the outcome, this may support an appeal or post-conviction claim, depending on the circumstances.
Jury Issues: Problems involving jury selection, juror misconduct, or biased deliberations can provide grounds for appellate review.
Sentencing Errors: An appeal may challenge an unlawful or excessive sentence, including errors in applying sentencing guidelines or statutory requirements.
Constitutional Violations: Violations of constitutional rights—such as due process, the right to a fair trial, or protection against unlawful searches—are common grounds for criminal appeals.
Not every mistake results in a successful appeal. The appellate court generally considers whether the error was significant enough to have influenced the verdict or sentence.
The Criminal Appeals Process in Florida
The criminal appeals process in Florida follows a structured, step-by-step path. Understanding each stage can help clarify what to expect when appealing a conviction or sentence from a Sarasota criminal case.
Notice of Appeal: The process begins by filing a Notice of Appeal with the trial court. This must typically be done within 30 days of the final judgment or sentence. This filing preserves your right to appeal and formally starts the appellate process.
Preparation of the Record: After the appeal is filed, the trial court record is compiled. This includes transcripts, motions, exhibits, and court rulings from the original case. The appellate court relies entirely on this record when reviewing the appeal.
Appellate Briefs: Written briefs are then submitted to the appellate court. The appellant’s brief explains the legal errors that allegedly occurred during the trial. The State files an answer brief responding to those arguments, and in some cases, a reply brief is filed to address points raised by the State.
Oral Argument (If Granted): In some cases, the appellate court schedules oral argument. Attorneys appear before a panel of judges to clarify legal issues and answer questions. Not all appeals include oral argument; many are decided based solely on the written briefs.
Appellate Court Decision: The appellate court issues a written opinion after reviewing the record and arguments. The court may affirm the conviction, reverse it, modify the sentence, or send the case back to the trial court for further proceedings.
Further Review or Proceedings: Depending on the outcome, additional steps may follow, such as a rehearing request, further appeal to a higher court, or new proceedings in the trial court. Each option depends on the court’s ruling and the legal issues involved.
Our Process For Reviewing & Pursuing Criminal Appeals
Facing an appeal can feel overwhelming, especially after an exhausting trial or plea. We work to make the process as clear and structured as possible, so you and your family know what to expect at each step. As a criminal appeals lawyer, we see our role as both legal analyst and guide.
How We Review Your Case
We begin by gathering the full record from your Sarasota County criminal case. This usually includes charging documents, motions, orders, trial or plea transcripts, and the written judgment and sentence. We then conduct a detailed review to identify potential issues preserved in the record or raised by prior filings.
Once we identify possible grounds, we research how Florida courts have treated similar issues. We evaluate the strength of each potential argument, including whether the issue was properly preserved and how an appellate court is likely to view any claimed error. We strive to be direct about both the potential and the limits of the record, so you are not left with unrealistic expectations.
Pursuing An Appeal Or Other Relief
If you choose to move forward, we handle the legal work involved in pursuing an appeal. This can include filing a notice of appeal within the required time, preparing written briefs, and, when appropriate, presenting oral argument. Throughout the process, we keep you and, when permitted, your family informed about important developments and anticipated timelines.
Why Work With Our Team On Your Criminal Appeal
A criminal appeal is not a simple redo of your trial, it is a focused legal challenge to what happened in the courtroom. You need a team that knows how criminal cases are built from the inside and how appellate judges will read the trial record. As an appeals lawyer, we approach each case with that full picture in mind.
Our attorneys have handled both misdemeanors and serious felonies in Sarasota County. That experience matters, because appeals often arise from complex trials and high-stakes plea agreements. We are familiar with the local prosecutors, courtroom procedures, and the types of issues that often appear in records from this area.
Attorney Reisinger previously served as a prosecutor. That perspective helps us anticipate how the State is likely to defend a conviction on appeal and where weaknesses in the original case may exist. We use that knowledge when reviewing transcripts, rulings, and sentencing decisions to identify potential issues.
Most importantly, we treat every appeal as unique. We do not simply scan for buzzwords or rely on generic templates. Instead, we study the specific facts, motions, and rulings from your case and give you an honest assessment of what the record supports. Our goal is to provide you with realistic options, not false promises.
What To Do After A Conviction Or Harsh Sentence
The period right after sentencing is often confusing and emotional. You may feel pressure to make quick decisions without a full understanding of your rights. There are, however, practical steps you can take that help protect your options while you consider speaking with an appeals attorney.
Consider these important steps as you evaluate your options:
Watch the clock. Florida law typically gives only a short window to file a notice of appeal in a criminal case. The exact deadline depends on the type of case and filing, and courts generally enforce these limits strictly.
Organize your documents. Keep all paperwork related to your case, including charging documents, plea forms, written motions, sentencing orders, and any written communication from your prior lawyer.
Be careful about statements. Use caution when discussing the details of your case on recorded jail calls or social media, because those statements can sometimes appear in later proceedings.
Reach out for a review. Speaking with a criminal appeals attorney Sarasota clients rely on for guidance allows you to understand deadlines, potential grounds, and next steps before time runs out.
Talk With Our Team About Your Criminal Appeal Options
If you believe something went wrong in your criminal case, you do not have to sort through the rules on your own. Our attorneys review Sarasota County convictions and sentences to determine whether an appeal or other post-conviction option may be worth pursuing. As a criminal appeals lawyer, we work to give you a clear, honest picture of your situation.
When you contact Law Offices of Eric Reisinger, PA, we draw on our litigation background, local knowledge, and Attorney Reisinger’s experience as a former prosecutor to evaluate the record from your case. We explain potential timelines and outcomes in straightforward terms, so you and your family can decide on next steps with confidence.
How do I know if I can appeal my criminal conviction?
The only reliable way to know if you can appeal is to have an attorney review the record from your case. A criminal appeal usually focuses on legal or procedural errors, not simply disagreement with the verdict. We look at transcripts, motions, and court orders to see whether issues were raised and preserved and whether the law may have been applied incorrectly. After that review, we explain what potential arguments exist and how strong they may be, so you can make an informed decision.
How much time do I have to file an appeal in Florida?
Criminal appeals in Florida typically must begin with a notice of appeal filed within a short period after sentencing. The exact time limit depends on the type of case and filing, and courts generally enforce these deadlines strictly. Because of this, waiting to talk with an attorney can put your options at risk. When you contact our team, we discuss these timing rules with you early, so you understand what must be done and when.
Can I appeal if I took a plea instead of going to trial?
Appeals after a plea are more limited, but in some situations there may still be issues to explore. For example, certain sentencing errors or questions about whether the plea was entered knowingly and voluntarily may be raised through direct appeals or post-conviction motions, depending on the circumstances. Florida law imposes specific rules and deadlines on these types of challenges. We review the plea paperwork, hearing transcripts, and sentencing to see whether any of those paths may apply in your case.
What happens if my criminal appeal is denied?
If an appellate court affirms your conviction and sentence, that usually means the issues raised in the appeal have been rejected. Depending on the case, there may still be other options, such as certain types of post-conviction motions, though each has its own limits and deadlines. Part of our role is to explain, before an appeal is filed, what could happen if the court does not grant relief. We discuss both the potential benefits and the possible outcomes, so you are prepared for each scenario.
Can a successful appeal erase my criminal record?
A successful appeal can lead to different types of relief, such as a new trial, a new sentencing hearing, or in some situations, dismissal of charges. How that affects your record depends on what the appellate court orders and what happens afterward in the trial court. Some outcomes may still leave a record of the case, even if the result changes. We talk through possible scenarios with clients before filing, so you understand how different types of relief might affect your future.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
