If you were convicted of a crime, you may think you’re out of options. However, for qualifying individuals, it may be possible to obtain a criminal appeal. A criminal conviction can completely derail your life, and unless you obtain an appeal, you could face imprisonment, costly fines, and a host of other serious penalties. An appeal could improve the outcome of your case, or reduce or dismiss your previous punishments. If you are interested in a criminal appeal, either for yourself or a loved one, make sure you understand who qualifies and how.
What is an Appeal?
If a convicted person believes there was a serious error in either the trial or sentencing, it may be possible to have the conviction appealed. An appeal can grant a convicted person the right to have a higher court review their case for any potential errors. During an appeal, the court will review what occurred during the trial and how the law was decided in your particular case. Ideally, the higher court who reviews the appeal will decide on a more favorable outcome for your case.
Criteria for Appeals
In order to obtain a post-conviction criminal appeal, there must be have been some type of mistake with your case. This may include:
- Errors regarding the procedure made by the judge or prosecutor
- Mistakes with evidence made by the judge, prosecutors, or police during either the investigation or trial
- Legal interpretation errors made by the judge
Post-conviction motions can also be filed if there are issues regarding new evidence, the original trial was represented with ineffective assistance of counsel, or the sentence was improper or unfair.
The Appeal Process Explained
In an appeal, the court will review the evidence, relevant documents, court manuscripts, and any statements in order to find errors. No new information can be introduced in an appeal, unless your attorney can show that the trial would have had a different outcome if the new evidence had been submitted previously. The case must be reviewed based on the provided evidence, along with statements from each party.
These statements, also called briefs, can explain the error made in the previous trial or sentencing. After the court has offered their statement defending their actions, the appellant may respond with a final brief.
Find a Criminal Appeal Lawyer
If you think you may qualify for an appeal, it is important to act quickly. In Florida, appeals are filed with the Florida District Court of Appeals and must be submitted before the deadline. Our attorneys can evaluate the circumstance of your case and determine whether or not you are eligible for an appeal. If you may be eligible, we can help you with the potential appeal options, provide legal counsel, and prepare the appeal.
Contact Perlet, Shiner, Melchiorre & Walsh, P.A. to get started on your criminal defense case today.