Can someone in Florida file a writ of certiorari on a county criminal case to the circuit court after the order is entered but before they have their trial or does the appeal have to be done after a conviction since no harm has happened to the person yet? The writ of certiorari would be filed on a denied motion to suppress evidence if allowed with the argument the court didn't follow the essential requirements of the law. A friend asked me and I did a quick search and told him I wasn't sure if any appeal like that is allowed before a person is convicted in court.
Lawyer type question...?
- Thread starter Gator Fever
- Start date
On the face of it the earliest that could happen would be pre sentencing during the psi phase. Not a lawyer, I'm going to ask mine.
Actually if this is still in trial the counsel of record should be contesting it already.
Thanks, some more info. It does appear the appeal on the denial of the motion to suppress evidence whether that is called a writ or not would have to wait until he is suffering any harm (convicted and sentenced I guess). He thinks the state may not offer any deal where he gets to preserve his right to appeal the denial of the motion. I guess his question is what would he have to do at trial to make sure he has a right to appeal that denial of his motion if he is found guilty. Does he just have to get it on the record he will be appealing it or does he have to object every time a witness or the state says something connected to that specific issue raised in the motion. I am not a lawyer but I know the stuff gets technical and the courts love to say people didnt reserve the right to appeal properly on these motions when it comes to being found guilty at a trial.
