The Three Types of Criminal Defense Attorneys in Florida You Need to Know About
Understanding the three types of criminal defense attorneys in Florida matters enormously if you or someone you love ever faces criminal charges, because each type handles a completely different phase of a case, and hiring the wrong kind of attorney for a given stage can waste critical time you may not have back.
Not Sure Which Type of Criminal Attorney You Actually Need?
Different phases of a criminal case require different specialists. Call John Guidry at (407) 423-1117 to find out exactly where your case stands and who should handle it.
Type One: The Criminal Trial Lawyer
The first type is a criminal trial lawyer, often simply called a criminal defense attorney. This is the role I personally handle. Criminal trial lawyers manage everything from the earliest stages of a case all the way through a jury trial. That includes representing someone during a pre-arrest investigation, handling the moment of arrest itself, working through pretrial motions and negotiations, and if necessary, taking a case all the way to trial in front of a jury. Essentially, everything most people picture when they think about a criminal case, the arraignment, the plea negotiations, the courtroom drama, falls under this category.
Type Two: The Criminal Appellate Attorney
The second type is a criminal appellate attorney, and this role kicks in only after a conviction and sentence. If a trial results in a conviction, the case moves into a completely different phase, one that requires a different kind of specialized legal skill. Criminal trial attorneys and appellate attorneys handle fundamentally different work, and many trial attorneys, myself included, don’t personally handle appeals.
An appellate attorney focuses on identifying specific legal errors that occurred during the trial itself, such as whether the judge made an incorrect ruling on a motion to suppress, whether the jury received faulty instructions, or whether the prosecutor made an improper argument during closing statements that should have resulted in a mistrial. An appellate attorney reviews the trial record closely, looking for exactly these kinds of errors, and argues to a higher court that one or more of these mistakes requires reversing the conviction.
In Florida, a direct appeal must be filed quickly. A notice of appeal generally needs to be filed within 30 days of the conviction and sentence. This is a strict, unforgiving deadline, and missing it can permanently close off this avenue of relief.
Type Three: The Post-Conviction Relief Attorney
The third type of criminal attorney, and the one people find themselves needing when things have already gone about as badly as possible, is a post-conviction relief attorney. This becomes relevant specifically when a direct appeal has already failed, meaning the appellate court reviewed the case and found that the judge, the jury, and the prosecutor all acted properly, and the conviction and sentence stand.
At that point, a post-conviction relief attorney files what attorneys call a Rule 3.850 motion under the Florida Rules of Criminal Procedure. This motion typically raises a claim of ineffective assistance of counsel, essentially arguing that the trial attorney’s own performance fell below an acceptable standard and that this failure genuinely affected the outcome of the case. Common examples include failing to investigate the case thoroughly, failing to file a motion that the case called for, failing to call an important witness, or failing to properly advise a client about a plea offer. The U.S. Supreme Court established the governing standard for these claims in Strickland v. Washington, 466 U.S. 668 (1984), which requires showing both that counsel’s performance was deficient and that this deficiency prejudiced the outcome of the case.
Florida imposes a strict deadline here as well. A defendant generally must file a Rule 3.850 motion within two years of the date the judgment and sentence became final. This deadline, like the appellate deadline, doesn’t bend easily, and missing it can close off what may be someone’s last realistic opportunity to challenge a wrongful conviction.
Why Understanding These Three Roles Matters So Much
Each of these three types of criminal defense attorneys in Florida serves a genuinely different function, and confusing them can cost valuable time. Calling a trial attorney after a conviction has already been appealed and denied accomplishes nothing, since that attorney typically doesn’t handle post-conviction relief work. Similarly, someone who needs an appellate attorney immediately after a conviction shouldn’t wait, given how quickly that 30-day window closes.
Knowing which specialist belongs at which stage of a case, and understanding the strict timeframes governing each stage, gives anyone facing this process the best possible chance of getting the right help before a critical deadline passes.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/weC2-Gjz5jc
Read: https://jgcrimlaw.com/articles/your-lawyer-must-know-your-story-florida/
John’s Takeaways
- A criminal trial lawyer handles everything from a pre-arrest investigation through jury trial. This is the type of attorney most people picture when they think about criminal defense.
- A criminal appellate attorney takes over after a conviction, looking for legal errors made during the trial itself. A direct appeal in Florida generally must be filed within 30 days of the conviction and sentence.
- A post-conviction relief attorney becomes necessary when a direct appeal has already failed. These attorneys typically file a Rule 3.850 motion raising claims of ineffective assistance of counsel.
- Strickland v. Washington, 466 U.S. 668 (1984), established the governing standard for ineffective assistance claims, requiring proof of both deficient performance and resulting prejudice.
- A Rule 3.850 motion generally must be filed within two years of the judgment and sentence becoming final. Understanding these strict deadlines, and which specialist handles which stage, matters enormously for anyone navigating this process.
Not Sure What Stage Your Case Is In or Who Should Handle It in Central Florida?
I’ve been handling the trial phase of criminal cases across Central Florida since 1993, and I know exactly when a case needs to move to an appellate attorney or a post-conviction relief specialist instead. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s figure out exactly where your case stands and who needs to be involved.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.