Appeals from trial courts serve two fundamental purposes in the legal system. With a multi-judge panel of experienced jurists, appeals provide an opportunity to correct harmful errors through review. This process ensures that decisions made at the trial level are scrutinized for accuracy and fairness. Secondly, appeals promote clarity and consistency in the law by generating published opinions.

These opinions outline the relevant facts of each case and demonstrate the proper application of the law to those circumstances, creating precedents for future legal matters. District appeal courts have the authority to hear appeals from final judgments in circuit court cases and the majority of county court cases. These appellate courts have the power to review certain non-final orders, expanding their role in the legal review process. This comprehensive approach to appeals helps maintain the integrity of the legal system and ensures that justice is served consistently across various levels.

Grounds To Appeal Your Conviction

You must have sufficient grounds before you can file your appeal. Florida’s Office of the Attorney General handles criminal appeals, with a sub-division for first-degree murder with death sentences.

You must show that the original trial was flawed. The appellate court reviews your trial record to determine if the lower court made any errors of law. If the court discovers any errors, the appeals court has the option of overturning the conviction, altering the sentence, or ordering a new trial.

There are multiple grounds to appeal a conviction, such as:

• Evidence errors—something that should have been excluded and harmed your case, or evidence that was excluded that would have helped
• Even after filing a legitimate motion for dismissal, the judge denied you dismissal unfairly.
• Excessive sentence considering the charges and harsher than the law normally allows
• Incorrect interpretation of the law
• Jury instructions contained errors
• Misconduct by one or more jurors, including ineligibility or a conflict of interest
• Misconduct by prosecution, or caused prejudice with the jury
• Original counsel was ineffective at trial

Your criminal appeals attorney will review your case to determine if any of these errors were committed. There may be other grounds that also apply to your case.

How To Appeal Your Conviction

If you appeal, you have just thirty days from the date of the decision to file your notice of appeal. If your conviction is in federal court, you will have just ten days to file a notice. You will need the help of a strong legal team with experience in criminal appeals to appeal your conviction. Without filing a notice to appeal, you will lose your rights to appeal.

The appellate court will review your trial record to determine whether there were any legal errors made by the trial court. Should the appellate court agree with the trial court and affirm the conviction, the next step would be to file a petition for review with the Florida Supreme Court. While they are not required to grant the petition and review your case, it may be if your case involves a significant legal concern.

Other possibilities include two options for post-conviction relief:

• Motion To Vacate Or Modify A Judgment Or Sentence.  The conviction was obtained unconstitutionally or the sentence violates the law because it is excessive.
• Motion For A New Trial.  If you and your attorney have newly discovered evidence or additional grounds that would not be admissible if you raised them with a direct appeal.

The Florida state proceedings are described and outlined in Florida’s Appellate Rule of Procedure 9.140 (with proposed amendments for 2024.)

Your attorney can help you discover which post-conviction method is right for your case. However, you must start immediately to preserve your rights for appeal.

WEST PALM BEACH CRIMINAL APPEALS ATTORNEYS

An appeal may or may not work in your case, but you won’t know until you try. Work with a legal team with experience in both state and federal appeals courts to have the best chances of winning.

If you or a loved one want to appeal a verdict, contact the criminal appellate 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.