Popovich Law Firm, P.A. 

Subtitle

Criminal Appeals 

  • Felony convictions and sentence 
  • Misdemeanor convictions and sentence 
  • Orders denying post-conviction relief


Post-Conviction/Post-Disposition Proceedings

  • Motions for Post-Conviction Relief
  • Motions to Correct Illegal Sentence
  • Petitions to Seal Records 
  • Petitions to Expunge Records

A convicted defendant only has 30 days from the date of sentencing to file an appeal challenging the final judgment of conviction and sentence in Florida State courts.  Failure to timely file a notice of appeal may forever prevent the defendant from appealing his or her case.  Furthermore, a defendant should be warned that he or she does not receive multiple direct appeals, and should, therefore, consider consulting with an attorney about his or her case on appeal before filing a notice of appeal since these proceedings are complex as they challenge legal errors occurring at the trial level.  A defendant has the right to a direct appeal of a conviction and sentence, and Popovich Law Firm is available to assist defendants in determining his or her rights, in determining issues which may and should be argued on appeal, and to represent defendants on appeal.  

Additionally, a convicted defendant has 2 years from the date of sentencing to file a motion for post-conviction relief or 2 years from the date the mandate is entered if the defendant filed an appeal.  Motions for post-conviction relief typically argue that the attorney for the defendant was ineffective and the grounds for the defendant's claim.  Similar to an appeal, a defendant should be warned that he or she has one bite at the apple in filing a rule 3.850 motion for post-conviction relief.  If a defendant's motion is denied, then he or she only has 30 days to file a notice of appeal.  As a former staff attorney for the circuit court who handled many post-conviction relief motions filed with the court, Ms. Popovich understands these matters and is available to discuss a defendant's claim for ineffective assistance of counsel and to represent defendants on these motions.  

Where a defendant has not been adjudicated guilty, he or she may qualify to have his or her record sealed or expunged.  Ms. Popovich has handled several cases for sealing or expunction of records and is here to help defendants in determining whether they are eligible to have their records sealed or expunged and to represent them through the process.  

      

Civil Appeals

  • Dissolution of Marriage 
  • Foreclosure / Property  
  • Insurance
  • Employment 
  • Personal Injury 
  • Constitutional / Civil Rights 
  • Commercial / Business / Corporate / Securities

Under Florida law, a party only has 30 days from the date a final order is entered to file an appeal and only has 30 days to appeal a non-final appealable order.  Where a party is unsatisfied with a court's order, consideration should be given as to whether that party has grounds to appeal.  On the other hand, a party may be the responsive party on appeal and, therefore, need representation defending the court's order, which order was favorable to that party.  Popovich Law Firm is happy to assist you in determining whether you have sufficient grounds to appeal a court's order, in determining the issues which may and should be argued on appeal, and to represent you on appeal.  From moot court in law school, to preparing proposed decisions on appeal as a staff attorney for the circuit court, to representing parties on appeal in the district courts of this State, Ms. Popovich is available to represent you on appeal and would be glad to discuss your appeal with you.    



Original Proceedings

  • Petitions for writs of certiorari
  • Petitions for writs of habeas corpus 
  • Petitions for writs of mandamus 
  • Petitions for writs of prohibition

"Original proceedings" is a term used to describe cases which originate in appellate courts rather than in the trial courts.  These types of cases seek extraordinary relief from the appellate courts through the issuance of writs, which is a written order commanding another to act or abstain from acting in some form or fashion.  Where a party seeks certiorari relief, that party is seeking discretionary review of his or her case in a higher appellate court.  Writs for habeas corpus are used in cases where defendants have been wrongly incarcerated as well as in cases where a parent or guardian seeks the rightful return of a child.  Writs for mandamus are orders issued by the appellate court requiring another to act, whereas writs for prohibition require another to abstain from acting.   


Notably, unlike appeals whereby the party has 30 days to file a notice of appeal and subsequently submit a brief arguing the merits on the appeal, petitions for writs require the party's arguments to be in the petition when filed with the appellate court.  Although a party may have 30 days to file a petition that is premised on an order or other decision, that party should immediately consult with an attorney regarding the case.  Popovich Law Firm has handled several petitions for writs and Ms. Popovich is available to represent you in the event that a petition for writ should be filed on your behalf.