When the criminal justice system is working the way it is designed to work, the police arrest citizens only when they have articulable probable cause to do so, and the State Attorney formally files only on those charges which they believe, under oath, they can prove beyond and to the exclusion of every reasonable doubt.

If you read other sections of this site, you probably notice both the police and the State Attorneys sometimes deviate from those strictures. The police sometimes arrest citizens on something less than probable cause, and the State Attorneys sometimes formally file on charges which they do not have a realistic chance of ever proving beyond a reasonable doubt.

The Absolute Right to Appeal a Criminal Conviction

Any defendant who is ever convicted of any crime has an absolute right to appeal the trial court’s Judgment of Conviction and Sentence.

In Florida, when a defendant takes an appeal from a Judge’s decision, the State Attorney’s Office does not handle the appeal for the government. Instead, they cede authority to defend the appeal to Florida’s Attorney General’s Office (“AG”).

The Role of the Florida Attorney General’s Office

One might assume that statewide government attorneys would always uphold both the letter and the spirit of the law; that they would never file baseless pleadings, and that if they reviewed a trial record and concluded the judge made a substantial legal mistake, they would candidly admit the error to the Appellate Court.

Not so.

Historically, Florida’s AG’s Office appears to assert defenses to nearly every defendant’s claim, even when those defenses are wholly without merit. This practice predates and postdates Pam Bondi’s tenure and appears rooted in institutional habit rather than legal necessity.

TJF’s Appeal and Judicial Error

“TJF” believed the Judge in his case had erred in a substantial way and that he was therefore entitled to another sentencing hearing. He retained JJK/LLC to represent him in the appeal.

After reviewing the file and conducting the requisite research, Kirschner determined with certainty that TJF was correct and that the Judge had committed an egregious and reversible error. A detailed appellate brief was filed demanding a new sentencing hearing.

The AG’s Office filed repeated requests for extensions of time. After the delays expired, the Assistant AG defending the government filed something highly unusual.

A Rare Confession of Error by the Government

Instead of filing the expected opposition, the Assistant AG filed the equivalent of an “I Give Up” notice—a Confession of Error.

In this filing, the AG conceded that the defendant’s claim was not good-faith opposable and joined in seeking that the case be reversed and remanded for a new sentencing hearing. Such Confessions of Error are exceedingly rare and are filed in well under one percent of cases defended by Florida’s AG.

The title page of the filing includes a clerical misspelling of the word “Confession,” an irony not lost, given how infrequently such filings occur.

What the Concession Means for TJF

TJF will now receive a second sentencing proceeding and a renewed opportunity to seek a just and fair sentence.

Filing #236708520

E-Filed: 12/01/2025

Excerpt from the Government’s Notice of Concession of Error

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

The State of Florida, by and through the undersigned Assistant Attorney General, notifies this Court of its concession of error in the above-captioned case, which disposes of the sole issue raised on appeal:

• In May 2025, Appellant requested a downward departure sentence in his three felony cases, pursuant to Florida Statutes. (CR 387-423).
• During Appellant’s sentencing hearing, the trial court took the testimony of Dr. …

In this Concession Notice, citations to the primary record on appeal are provided as “R,” and citations to the confidential record are provided as “CR.”

Seeking Relief After a Criminal Appeal Error

A rare government concession, like the one in this case, shows how appellate review could directly affect sentencing outcomes. Substantial judicial errors are not common, but when they occur, appellate relief could be available under the right circumstances.

If you believe a legal error occurred during sentencing or trial, a review of your appellate options could provide clarity on next steps.

Contact JJK/LLC to discuss whether an appeal could be appropriate in your case.