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denied pre trial motions(Appeal)


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#1 hjc0903

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Posted 25 February 2013 - 01:04 PM

what is the appeal process for denied pre trial motions? Do they need to be appealed individually or can they be all be in one appeal. What is the time frame that they have to be appealed? Who do they need to be filed with?

This is for Florida.

Thank you!

#2 Tax_Counsel

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Posted 25 February 2013 - 01:45 PM

what is the appeal process for denied pre trial motions? Do they need to be appealed individually or can they be all be in one appeal. What is the time frame that they have to be appealed? Who do they need to be filed with?

This is for Florida.

Thank you!


It depends on the motions that were denied. However, in general, appeals in any case are not done until a final judgment is entered in the case. In a criminal case, that is going to be either the entry of conviction or the entry of the sentencing order. In other words, all appealable issues are raised in a single appeal once the trial court is finished with the case. Specifically, Florida statute section 924.06 sets out the circumstances in which a defendant may file an appeal. The appeal of most issues would under the provision for appeals from a final judgement in subsection (1)(a). In general, the appeal must be filed within 30 days from the date judgment was entered. See the Florida Rules of Appellate Procedure for the details. But there are circumstances in which an appeal may be made of a denied motion prior to final judgment. Any criminal defendant who wishes to appeal a decision denying a motion ought to consult his attorney for help and advice. In general, pro se criminal defendants do not fare very well because they lack the necessary knowledge and experience to truly represent themselves effectively.

#3 hjc0903

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Posted 26 February 2013 - 11:42 AM

Thank you that is very helpful. And this a pro se criminal defendant. His counsel was and has not been helpful/effective. Which is what caused the defendant to go pro se.




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