2309 NW 10th St., Ocala, FL 34475
Appeals
Appeals Attorney in Ocala, FL
FEDERAL APPEALS
The Federal Appeals system consists of 13 Federal Circuits, throughout the United States. Within each Circuit, one Court of Appeals maintains jurisdiction. All of the Circuit Courts come under the umbrella authority of the United States Supreme Court. Each of the Federal Circuits has several District Courts, which serve as trial Courts, within that Circuit, relating to issues of Federal law. Parties who are dissatisfied with the outcome of their District Court result, have the right to appeal to the Court of Appeals within that Circuit. Florida is located in the 11th Federal Circuit. The U.S. Court of Appeals for the 11th Circuit usually sits in Atlanta, but occasionally hears cases in Jacksonville, Miami, Mobile and Montgomery. The State of Florida is divided into 3 districts: The Northern, Middle and Southern Districts. A case heard in one of these Federal District Courts could be appealed to the 11th Circuit Court of Appeal.
The United States Supreme Court hears some cases appointed from the Court of Appeals, as a matter of right. Mandatory appeals to the Supreme Court are made only in cases decided by a District Court, which is composed of three Judges, and by a utilization process known as, Petition for Certiorari Review. The United States Supreme Court, at its discretion, can decide to hear the case or not. The Supreme Court is also empowered to resolve conflicting decisions relating to questions of law that are made by the lower Federal Courts.
To see some of the numerous cases that Jack R. Maro
has been involved with throughout the Federal process, click here.
STATE APPEALS
The State of Florida is divided into twenty numbered Circuits; Ocala being the 5th Judicial Circuit. There are various counties, within each of the Circuits. The 5th Judicial Circuit encompasses Marion, Lake, Sumter, Hernando and Citrus Counties. The Court of Appeal directly associated within appeals taken from the 5th Circuit sits in Daytona, Florida and is known as the 5th District Court of Appeal. Neighboring counties, such as Alachua and Levy, are members of the 8th Judicial Circuit and are serviced by the 1st District Court of Appeal in Pensacola, Florida.
CAVEAT
Similar to all other legal processes, there are rules that govern the taking of appeals to Appellate Courts. Not all court decisions are readily appealable. However, they may be appealable, sometime during the course of the proceedings, or immediately, thereafter. An appeals practice is a specialized field. Selecting an attorney to handle an appeal is a serious consideration.
Failure to timely file the appeal could in fact prohibit obtaining a legal review of the issues of law upon which your conviction was predicated or upon which you have suffered some type of personal or monetary loss. Therefore, failure to follow the appellate rules, could clearly result in your case never being reviewed by an Appeals Court. This could even further jeopardize any appellate claims that you may have to a higher Court, over and above the one you have taken your appeal to. Appellate Courts are Courts of last resort. As a convicted defendant, be sure you are well represented.
If it becomes necessary for you to take an appeal from the decision in your case, then be sure that you obtain the services of a qualified attorney, who is well versed and experienced in the type of appeal that you are attempting to process. Not all appeals are the same. Not all Appellate Courts are run by the same rules. Unfortunately, strict compliance is the mandate and failure to do so can easily jeopardize having your case heard. There may be no place else to go.