Should I Appeal My Case?
Losing in court doesn’t have to be the end of your case. An appeal, which is a request for a higher court to review a lower court’s decision, can result in an overturned conviction after a guilty verdict. If you were recently convicted of a crime, should you appeal your case?
As long as you didn’t enter a plea bargain, you are free to make an appeal for any criminal case. To begin the process, your defense attorney must identify a significant legal error in the original trial and cite supporting legal precedents for reversing a prior conviction.
- Failure to follow correct procedures, by the judge or prosecutor
- Jury misconduct
- Ineffective assistance of counsel
- New evidence
For a successful appeal to be made, an error must also be preserved in the trial record. This means that, at a minimum, the error was pointed out to the judge at the trial, either by objection or argument. In most cases, you will need a transcript of the proceeding to demonstrate the error during an appeal. If an appellate court rules that your rights were violated due to this error, they may (1) reverse or modify the trial court’s decision or sentence, in whole or in part, or (2) order the case to be retried.
Hiring a Lawyer
An experienced and skilled appeals lawyer should handle your appeal. An appeals lawyer knows how to adequately summarize a record, find issues in the case, write effective briefs and make persuasive oral arguments. The Florida appeals process is complex and filing an appeal with an inexperienced lawyer may result in the dismissal of your appeal.
Ensure your chances of success by contacting our West Palm Beach appeals attorneys at Perlet, Shiner, Melchiorre & Walsh, P.A. We represent appeals clients in all of South Florida, including Jupiter, Boca Raton, Lake Worth, Boynton Beach, Fort Lauderdale and neighboring cities.