Miami Criminal Appeals Lawyer
As a Miami criminal appeals lawyer, Dustin Tischler helps clients challenge wrongful convictions, sentencing errors, and violations of due process in Florida’s appellate courts. A criminal conviction doesn’t have to be the end of the road. If you believe your trial involved legal mistakes, unjust rulings, or constitutional violations, our team provides the legal experience and strategic insight needed to fight for a second chance.
Understanding Criminal Appeals in Florida:
A criminal appeal is a formal request for a higher court to review the decision made in a lower court. Appeals are not retrials—they focus on legal errors that may have affected the fairness of the original proceedings.
Grounds for appeal may include:
Improper admission or exclusion of evidence
Judicial misconduct or bias
Incorrect jury instructions
Insufficient evidence to support the verdict
Ineffective assistance of trial counsel
Sentencing errors or misapplication of law
Constitutional violations (e.g., due process or Miranda rights)
Appellate courts review the trial record, legal briefs, and oral arguments to determine whether the verdict should be upheld, reversed, or sent back for a new trial.
Types of Criminal Appeals We Handle in Miami:
At Dustin Tischler Law, we represent clients in:
Direct appeals of felony or misdemeanor convictions
Appeals of sentencing errors or enhancements
Appeals following guilty pleas (in limited circumstances)
Post-conviction motions and 3.850 petitions
Writs of habeas corpus for unlawful detention
Appeals involving juvenile or probation violations
Federal criminal appeals from U.S. District Court decisions
If you’ve already been convicted, time is limited—most notices of appeal must be filed within 30 days of sentencing.
The defendant or the state may appeal in criminal cases.
How Dustin Tischler Can Help With Criminal Appeals in Miami:
As a knowledgeable Miami criminal appeals lawyer, Dustin Tischler meticulously analyzes trial transcripts, legal rulings, and procedural history to build compelling appellate arguments.
We help by:
Reviewing the trial record for legal errors or omissions
Drafting persuasive appellate briefs for the court
Preparing and delivering oral arguments before appellate judges
Identifying constitutional violations or improper procedures
Filing motions for rehearing or petitioning higher courts if needed
Exploring sentence modifications or resentencing opportunities
Whether you want a conviction reversed or a sentence reduced, we fight to hold the justice system accountable.
Appeals vs. Post-Conviction Relief – What’s the Difference?
Not all challenges to a conviction are traditional appeals. Depending on your case, you may also qualify for:
Motion for post-conviction relief (Rule 3.850) – Based on new evidence, ineffective assistance, or prosecutorial misconduct
Motion to correct illegal sentence (Rule 3.800) – When the sentence imposed was not authorized by law
Habeas corpus petitions – Challenging unlawful imprisonment or detention
We assess every legal avenue available based on your case history, deadlines, and court jurisdiction.
Get Legal Help From a Miami Criminal Appeals Lawyer
Appeals are complex—and success requires a deep understanding of appellate law, case strategy, and persuasive writing. At Dustin Tischler Law, we offer honest assessments and skilled representation for clients who deserve a second chance.
Click below to schedule a confidential consultation with a Miami criminal appeals lawyer today.
How long do I have to file a criminal appeal in Florida?
You generally have 30 days from the date of sentencing to file a notice of appeal. Waiting too long can forfeit your rights.
Can I appeal a guilty plea?
In most cases, guilty pleas waive the right to appeal, unless there was a legal error, ineffective counsel, or involuntary plea. We evaluate each case for exceptions.
What is the difference between an appeal and a retrial?
An appeal reviews the legal process of the trial, not the facts. It’s about whether mistakes were made—not about presenting new evidence.
Will I stay out of jail during my appeal?
Sometimes. You may request an appeal bond, but it’s not guaranteed. Each case is reviewed individually based on the offense and circumstances.
What if I lose my appeal?
There may be additional legal remedies, including post-conviction relief, higher appeals, or federal review. We guide you through all available options.
