Q. “What should I do if I go to trial and lose, and need to change lawyers for an appeal?” A. “Hire me, and we might be timely in immediately filing a ‘Motion for New Trial,’ and I’ll show you an example of one now.” — Ft. Lauderdale criminal defense lawyer John M. Castellano

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“When you call me at the office at 954 766 8810, I will make time to explain to you the difference between an ‘appeal’ and a ‘motion for new trial.’ Your Florida criminal defense lawyer or Florida appeals lawyer (known as an Florida appellate lawyer) will often file an appeal of your conviction and sentence in the trial court; but if your new lawyer is hired quickly enough (before the expiration of time provided in the Rules of Criminal Procedure), then your new Florida criminal attorney is permitted under the rules to file what is called the ‘Motion for New Trial,’ but again, this must typically be filed within ten (10) days of your conviction or sentence, as I will explain further when we meet.” — John Castellano Florida trial and appeals lawyer

I am known primarily as a federal criminal defense attorney (among folks in the federal system) or a local trial lawyer and a Florida criminal defense lawyer or Ft. Lauderdale DUI lawyer, according to most people looking for a Broward or Ft. Lauderdale criminal attorney for ‘State Court’ cases — and though we are successful in helping people with appeals and other post-conviction relief matters, I’m not locally known primarily as an appellate or appeals lawyer.

An ‘appellate’ lawyer tends to primarily write and argue appeals, attempting to reverse the lower court’s decisions, or the conviction and ‘sentence’ in the trial court, the appellate lawyer often arguing that the trial judge committed errors in his or her “instructions to the jury,” or errors in how the trial judge ‘ruled’ over certain admissibility issues pertaining to ‘evidence’ that theJudge allowed the jury to see or hear, as well as the Court’s errors in how the Judge ruled over certain ‘objections’ raised by the defense lawyer during the trial.

After the ‘direct appeal’ has been filed and/or argued and exhausted (assuming it was NOT successful at the appeals court), the lawyer can often take this cause to that NEXT level in what we call “post-conviction relief” proceedings, filing a motion to collaterally attack the underlying conviction based on ‘ineffective assistance of counsel,’ pursuant to Florida Rule of Criminal Procedure 3.850. This essentially means that your new lawyer will expose what your original trial lawyer ‘could have, would have or should have’ done.” — John Castellano Florida criminal attorney

Call me at the office at 954 766 8810 or send me an email to and let’s meet and privately discuss your concerns. I am,

Always there for you and your family,

John Castellano


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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