The jury has found you guilty of the charges, and the judge agreed. Now you are facing fines and jail time. Do you have any other options?

After your court case, you and your criminal defense team can assess what went wrong so that you can file an appeal to the decision. This is a legal challenge to the trial court’s ruling by the defendant. However, an appeal can occasionally be filed before the trial. An appeal may result in a reduction in sentencing or a reversal of the prior decision. Every case is different. If you decide to pursue an appeal, work with an experienced criminal defense appeals attorney before going forward.

What’s Next: Handling Criminal Appeals

Following a trial, there is a short window for filing an appeal, and a specific procedure, including filing a formal Notice of Appeal to start the process. The Clerk of Court then prepares the defendant’s case record, which includes transcripts, pleadings, and other information from the trial and sentencing. More documentation is needed, including an appeal brief. The defendant’s defense attorney prepares and submits those timely.

Instead of a jury and trial judge, the appeal is presented to a panel of judges to decide. The parties submit legal briefs and present their arguments, and attorneys are given a short time for oral arguments presentation. Judges can ask questions of the attorneys during oral arguments. 

While every defendant has the right to appeal, not every appeal will be successful. An appellant must show that the court violated their rights in some way or made specific legal errors in the initial trial decision. An appellant’s counsel must have made timely objections during the trial to record these errors. The appellate court reviews everything to determine if any mistakes were made and then issues a decision.

Only if the Court of Appeal finds that harmful errors were made, such as evidence not allowed,  and that the errors impacted the outcome of the case will it consider ordering a new trial or setting aside the verdict.

Grounds for Criminal Appeals In Florida

Appeals are difficult, and you must prove that the court in question made a legal mistake that harmed you in its decision, such as:

• Abuse of discretion, such as police misconduct during the arrest
• Bias in jury selection
• Due process violations
• Errors in sentencing
• Failure to dismiss a case
• Inability to suppress illegal evidence
• False arrest
• Improper exclusion or admission of evidence
• Improper jury instructions
• Ineffective counsel
• Insufficient evidence for a guilty verdict
• Juror misconduct
• Prosecutorial misconduct
• Serious errors of law

An appeal can take anywhere from three to six months, or longer. An appeals court may uphold the lower court’s decision, reverse the decision, allow for a new trial, order a new sentencing, or dismiss the charges completely. Your appeals attorney will work with you and your case to determine if you have grounds for appeal and build your case.

WEST PALM BEACH CRIMINAL DEFENSE AND APPEAL ATTORNEYS

This is just a brief overview of the highly complex Florida criminal appeals process. Our attorneys have considerable experience handling appeals as well as criminal defense cases. You do not have to live with someone else’s errors.

If you or a loved one has been arrested, accused of, or convicted of a crime, contact the criminal defense and appeals team of Farkas & Crowley as soon as possible. We are available 24/7, whenever you need us. Call (561)-444-9529 or contact us online to schedule your consultation.