The following constitute frequently asked questions; however, our answers are not substitutes for proper legal advice. We encourage our prospective clients to contact us to have a full case evaluation.
1. What is the Appellate Process?
Please see our detailed article in the Section "Appellate Process." This article explains the entire process from filing a Notice of Appeal to final ruling.
2. How do I know if I want an appeal?
Ultimately, this is a decision that only the client can make; however, not everyone wants or needs an appeal. Please reference the "Appellate process" article for a detailed discussion of this topic.
3. How will an attorney speak with an incarcerated client?
If the client is located within the Florida Department of Corrections, we can schedule a private attorney-client telephone conference within a few days of notice.
4. How often does an attorney speak with the client?
We maintain regular communication with our clients, and we encourage our clients to notify us in writing of any issues that they believe are pertinent. Naturally, should the client wish to speak with an attorney, he/she may notify our office either by writing or through a family member/friend, and we may schedule a telephone conference.
5. Will an attorney speak with family members or friends?
The short answer is, it depends. An attorney's communication with his/her client is privileged, and thus, unless the client specifically notifies our office that we may speak about his/her case with a named individual, we will not discuss any privileged issue pertaining to the case.
6. How long will an appeal take?
In general, a direct appeal may take between 1 and 2 years to reach final conclusion. In the Second District, the average time period is approximately 3-6 months after the final brief is filed; however, this time period can be longer. A significant amount of patience is required throughout this process. Please review the Section "Appellate Process" for a discussion on this topic.
7. What types of cases does the firm handle?
We handle all criminal direct appeals within the State of Florida. Although our firm practices primarily within the 2nd District Court of Appeal, we have experience in the 1st, 2nd, 4th and 5th DCAs. Our caseload ranges from misdemeanor offenses including battery, petit theft, DUI, and possession of marijuana, to felony offenses including Grand Theft, Sexual Battery, Aggravated Battery, Trafficking, DUI Manslaughter, Vehicular Homicide, Second-Degree Murder, and First-Degree Murder.
8. Can an attorney offer any assurances as to a particular result after evaluating the case for appeal?
Absolutely not. Regardless whether an attorney believes that a case has merit, there is no way of predicting an outcome.
9. How long has Ms. Elvington practiced law?
Ms. Elvington has been licensed to practice law in the State of Florida since 2001. She began limiting her practice to post-conviction and criminal appellate matters in 2005.
10. Do we recommend any links for client/family member review?
Of course. The following links tend to be helpful resources for our clients:
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