West Palm Beach Criminal Appeals Lawyer
If you have been convicted, filing an appeal is the next action to take in fighting your case. An appeal is a review of the decision made by a lower court. It is a chance to correct errors in the legal process, but it is not another trial of the case itself. Appeals are complicated matters and if the legal rules are not obeyed throughout, an appeal can be thrown out. This is why it is critical after a conviction to work with a skilled West Palm Beach criminal appeals lawyer who can properly advise you and advocate for your rights.
Reasons to File a Criminal Appeal
The Florida Attorney General’s Office litigates more than 10,000 felony appeals cases each year. Some common reasons a convicted individual may file for appeal include:
- Improper admission of evidence during the trial;
- Improper exclusion of evidence during the trial;
- Illegal sentencing;
- Ineffective assistance of counsel;
- Improper jury selection;
- Incorrect instructions provided to the jury;
- Misconduct of the prosecution;
- Constitutional rights violations; and
- More.
A knowledgeable criminal appeals attorney will help you determine what reasons you may have for seeking an appeal. If you have accepted a plea bargain you may have waived your right to an appeal, but many proceedings in lower courts do have errors that can be appealed.
Steps in the Florida’s Criminal Appeals Process
- Notice of appeal—According to Florida Rules of Appellate Procedure, a notice of appeal must be filed with the trial court clerk within 30 days.
- Preparation of the record—The record is compiled by the trial court and includes all papers and documents associated with the case. If there is a court transcript, that is also part of the record. Proffered evidence that was not introduced into evidence in the case will only be part of the record if the appeal is specifically concerned with admissibility of evidence.
- Docketing statements—This statement includes information about what parties are involved in the case, what the trial court’s judgement was, and what the case for appeal is.
- The briefs—These are written statements that follow very specific guidelines where the appeals attorney writes out the legal arguments for why an appeal should be considered in the case.
- The oral arguments—In addition to the written briefs, it is possible to separately request a chance to provide oral arguments in front of the judges. At this point the judges are allowed to ask questions. Either party is allowed to provide oral arguments.
- Decision—After the court obtains and reads the briefs, listens to any oral arguments, and conducts its own research, the court will come to its own decision about the case.
Contact a West Palm Beach Criminal Appeals Attorney Today
If you have been convicted in a trial court, time is of the essence for beginning your appeal. A knowledgeable West Palm Beach criminal appeals attorney can assist you with filing the notice of appeal, docketing statement, and briefs. No matter what your reason for appealing is, William Wallshein can help you fight your criminal conviction in Florida’s appellate courts. Call 561-533-1221 to schedule a free consultation today.
