Attorney Jeff Weiner has spent more than 50 years defending clients in Miami and across the United States. That trial record built something rare: real experience winning at the appellate level too. Weiner has argued a case before the United States Supreme Court. He has briefed and argued appeals in Florida’s state courts and in federal circuit courts. When a trial does not go your way, or a sentence feels wrong, the right appellate lawyer matters.
A criminal appeal is not a new trial. An appeal looks only at the record already created: the motions filed, the objections raised, the rulings made, and the transcripts of what was said in court. The job of an appellate lawyer is to find the legal errors buried in that record and to explain, clearly and precisely, why those errors changed the outcome of the case.
If you were convicted in Miami-Dade County, your appeal goes to the Third District Court of Appeal, based in Miami and covering Miami-Dade and Monroe Counties.
Florida law gives you 30 days from the date your judgment or sentence is entered to file a Notice of Appeal. That deadline is strict. Courts rarely grant extensions.
Once the notice is filed, the trial court clerk prepares the record and sends it to the appellate court. Your lawyer then has a set window to file an initial brief laying out the legal errors that justify reversing the conviction or sentence. If you pleaded guilty or entered a plea of no contest, your right to appeal is narrower. You generally must have reserved the right to appeal a specific pretrial ruling before you can raise it later.
Our attorneys have tried cases in more than 25 states and argued before the Florida Supreme Court and the United States Supreme Court. Wherever your case stands right now, we've likely stood there before — with a client's freedom on the line.
Call Us Today 305-670-9919
Federal cases move even faster. If you were convicted in the U.S. District Court for the Southern District of Florida, you have only 14 days from the entry of judgment to file a Notice of Appeal (Fed. R. App. P. 4(b)(1)(A)). Miss that window, and in most cases, you lose your right to appeal permanently. Federal appeals from the Southern District go to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.
Federal appellate practice requires a different skill set than trial work. It means knowing how the Eleventh Circuit reads sentencing guideline disputes, how it treats suppressed evidence issues, and how it evaluates claims that a judge misapplied the law during sentencing. Our federal criminal defense team isn’t afraid to take on these cases and to seek justice for our clients.
It’s rare for any criminal defense lawyer, in Florida or elsewhere, to personally argue before the United States Supreme Court.
Jeff Weiner has.
In Florida v. Jimeno, 500 U.S. 248 (1991), Jeff argued a Fourth Amendment case involving consent searches. It’s a Court decision that is still cited in courtrooms and law schools nationwide.
A petition asking the Supreme Court to review a case, called a writ of certiorari, is one of the most difficult forms of appellate relief to obtain. The Court accepts only a small fraction of the petitions it receives each year, and it typically takes cases that involve a split among federal circuit courts or a question of major national importance. Most criminal appeals never reach this stage. When a case does present that kind of issue, having a lawyer who has stood at the Supreme Court podium before matters.
An appeal is not the only path forward after a conviction. Post-conviction relief covers claims that could not have been raised on direct appeal because they depend on facts outside the trial record.
In Florida state court, the primary vehicle for post-conviction relief is a motion under Florida Rule of Criminal Procedure 3.850. In most cases, you have two years from the date your conviction became final to file. Common grounds include ineffective assistance of trial counsel, newly discovered evidence, and violations of your constitutional rights that were not apparent from the trial record alone.
In federal court, the equivalent remedy is a motion under 28 U.S.C. Section 2255. Congress set a strict one-year statute of limitations for these motions under the Antiterrorism and Effective Death Penalty Act. State prisoners challenging a conviction in federal court instead use a petition under 28 U.S.C. Section 2254, which also carries a one-year deadline in most circumstances.
Claims of ineffective assistance of counsel, whether raised in state or federal post-conviction proceedings, are judged under the standard the Supreme Court set in Strickland v. Washington, 466 U.S. 668 (1984). To win, you generally must show that your lawyer’s performance fell below an objective standard of reasonableness and that the error changed the outcome of your case. It is a demanding standard, and it requires a lawyer who understands exactly what a reasonably competent defense looks like at every stage of a criminal case.
Representation does not end once a sentence is imposed. Our Miami-based team also represents clients on issues that arise while they are in custody or under court supervision, including:
If your goal is to seal or clear a past record rather than challenge a conviction, see our expungement page for eligibility and process.
Compassionate release deserves particular attention because the law here has shifted. Under 18 U.S.C. Section 3582(c)(1)(A), a federal court can reduce a sentence for extraordinary and compelling reasons. The First Step Act of 2018 lets a defendant file that motion directly, without waiting on the Bureau of Prisons. In 2026, the U.S. Supreme Court narrowed what counts as an extraordinary and compelling reason, ruling that a nonretroactive change in sentencing law and claims about the underlying validity of a conviction do not, by themselves, qualify (Rutherford v. United States and Fernandez v. United States). Medical conditions, age combined with a deteriorating health record, and certain family circumstances remain recognized grounds. Because this area of law keeps moving, an outdated compassionate release strategy can waste a client’s one real opportunity to raise it.
Every one of these deadlines is measured in days, not months. A missed deadline can end your right to challenge a conviction permanently, regardless of how strong your legal argument is. If you or someone you love was convicted of a crime in Miami-Dade County or the Southern District of Florida, the time to speak with an appellate lawyer is now, not after the deadline has already passed.
Serving Criminal Defense Clients for Over 50 Years
It is Florida’s main post-conviction remedy for raising claims outside the trial record, such as ineffective assistance of counsel. It generally must be filed within two years of a final conviction.
It is the federal equivalent of a Rule 3.850 motion, letting a federal prisoner challenge a conviction or sentence. It carries a one-year statute of limitations under federal law.
Timelines vary, but Florida and federal criminal appeals can take many months to over a year from the time the notice of appeal is filed to the time a decision is issued. The exact timeframe depends on the complexity of the record and the court docket.
Sometimes. Florida and federal law both allow a motion for release pending appeal, but you generally have to show the appeal isn’t just a delay tactic and that it raises a real legal issue. It isn’t automatic.
Yes, but the standard narrowed in 2026. Courts still recognize serious medical conditions, advanced age combined with declining health, and certain family circumstances, but a change in sentencing law alone is generally not enough by itself.
Yes. Jeff Weiner personally argued Florida v. Jimeno, 500 U.S. 248 (1991), a Fourth Amendment case that is still cited today.
An appeal challenges legal errors already in the trial record. Post-conviction relief raises issues, like new evidence or ineffective counsel, that could not have been raised on direct appeal.
If you or someone you know needs to appeal a state or federal criminal conviction, or is facing a custody, prison, or supervised release issue, call Jeffrey S. Weiner, P.A. at (305) 670-9919. The firm is available 24 hours a day, 7 days a week, with free initial consultations.
You may call our office 24 hours a day, 7 days a week. We are always ready to consult with you, whether
by telephone consultation, a meeting in our office, or a visit if you are incarcerated. All communications
are confidential and protected by the attorney-client privilege.
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