A criminal conviction does not necessarily mean the end of your legal options to prove your innocence. Finding Florida criminal appeals lawyers is that easy as not all lawyers will handle criminal appeals. Depending on the details of your case, you may have legal grounds to file an appeal and a criminal appeals lawyer can help you decide if you do. However in Florida you are required to act quickly as there is a limited time within which you can file an appeal. Also you must have a reason(s) for the appeal and the reason cannot be because you did not like the guilty verdict. It is highly recommended to use a Florida criminal appeals lawyers who know what they are doing and are familiar with the deadline to file.

Act Quickly

Time plays a big role in filing an any appeal. Upon conviction, you only have 30 days to file an appeal with the court. Experienced Florida criminal appeals attorney, like the attorneys of West Palm Beach’s Farkas & Crowley, are familiar with the deadlines and how to file on time. You must get in contact immediately if convicted so that an appeal can be filed on time.

Grounds to Appeal

Contrary to popular belief and wishful thinking, if you have been convicted of a crime in the state of Florida, you cannot file an appeal solely on the basis that you did not like the outcome. Instead, your appeal must be based on and describe the specific fundamental errors that occurred during the trial which resulted in your conviction.

Appealing a criminal case does not work like returning an item to a store because you do not like it. You have to show that the guilty verdict should be thrown out because certain actions took place during the trial that may have caused the jury or judge to come back with a verdict of guilty.

Fundamental errors can occur at any point during the case. Examples can include:

• Evidence Errors

Was evidence admitted or excluded from the case in violation of the rules? Was there proof the evidence considered in the case had been mishandled at any point during the case? Was specific evidence that could have proved your innocence purposely ignored or omitted from consideration? Was any of the considered evidence collected in a way that violated legal evidence protocols?

• Jury Misconduct

Did the jury assigned to your case show any clear signs of bias or discrimination toward your case for any reason? Were any rules regarding jury selection ignored to gain a jury more likely to convict you? Did any jury members behave in ways that violated their responsibilities as jury members, such as engaging in alcohol or drug use at any point during the case? Did the jury act on orders from the judge that violated your due process for a fair trial?

• Attorney Misconduct

Was your attorney unprofessional or incompetent during the hearing? This does not apply if you don’t like your attorney because they lost. As a U.S. citizen, your right to a fair trial includes being represented by a legal professional that will be competent and conduct themselves properly and according to the ethical rules of the profession. If you feel your attorney failed to do so, you may be able to use that misconduct to justify an appeal.

Likewise, it’s possible the prosecuting attorney acted unprofessionally or unethically during the case. You may have grounds for an appeal if you believe they won because of misconduct in which case, you may be able to justify making an appeal.

According to the appellate lawyer members of the Palm Beach Appellate Practice Committee of the Fourth District Court of Appeal, “The purpose of an appeal is to review decisions of the trial court or lower tribunal to determine if harmful legal error has occurred. Legal error is harmful if
it affects the outcome of the case. Appeals are not trials and are not intended to give a litigant a second opportunity to reargue the facts of his or her case. The appellate court does not serve as a second jury.”

Remember, you cannot file an appeal just because the prosecution won the case.

Need to Appeal a Florida Criminal Conviction? Contact Us Today

Not all criminal defense lawyers know how to do appeals or choose to practice this area of law. However, the lawyers of Farkas and Crowley P.A. do handle Florida criminal appeals. Attorneys Adam R. Farkas and Jacqueline D. Crowley have dedicated their careers to those in need of legal help including appealing a decision make in the lower courts. Their experience as criminal prosecutors makes them uniquely qualified in the arena of criminal defense. 

If you or a loved one has been convicted of a crime, you may wish to appeal. Given the short window of opportunity (30 days) you must contact Farkas & Crowley quickly. Contact Farkas and Crowley today by calling (561) 444-9529, 24/7 or for inquiries or questions complete our online form.