Writs of Certiorari
A writ of certiorari is an order from an appellate court accepting a losing party’s petition to have the appellate court review the record from the lower court. Certiorari is Latin terminology meaning “making certain.” It applies to criminal law because an appellate court’s job is to make certain that the trial court followed the law in issuing a sentence, a conviction, an acquittal, a dismissal, or other ruling. The denial of a writ of certiorari is not an affirmation of the lower criminal court’s ruling. It is merely a discretionary refusal to review the lower court’s decision. If you have been charged with and convicted of a crime which you would like to appeal in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent criminal defense attorney who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida. Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day seven days per week with a criminal defense attorney if you have been charged with these criminal offenses.
Florida Constitution Article V
A district court of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts.
The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs of mandamus, quo warranto, certiorari, prohibition and habeas corpus, and all writs necessary or proper to the complete exercise of their jurisdiction. Jurisdiction of the circuit court shall be uniform throughout the state. They shall have the power of direct review of administrative action prescribed by general law.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged and convicted of a criminal offense in Miami, Fort Lauderdale, Broward County, Miami-Dade County, or other area of South Florida, and you would like to appeal, call Criminal Defense Attorney Kenneth P. Hassett: