When you’ve been convicted it can dramatically change your life. If you feel there were issues with your case leading to your conviction, an appellate lawyer may be able to help. At Xander Law Group, our legal team has experience in appeals and can advocate for any injustices.
What Are Appeals?
An appeal isn’t a new trial but a review of any errors that your attorney, a prosecutor, or a judge may have made during your case or sentencing.
Possible Reasons for An Appeal
When reviewing your case, an appellate lawyer will investigate to see if any of the following issues were present that may result in an appeal:
- Evidence was omitted that should have been presented to the jury
- Improper evidence submitted
- A jury member wasn’t fit to serve
- The jury didn’t receive proper instructions
- The ruling was legally incorrect
- The judge denied a motion to suppress or motion to dismiss that was valid
An appellate lawyer will file an appeal where your original case was heard within 30 of your judgment and sentence. Next, they will receive a record on appeal from the trial court clerk, which has all of the transcripts from all hearings, the trial, and sentencing. A brief is prepared and filed explaining the legal arguments that support any appellate law issues related to the case.
The opposing side will have an opportunity to argue against the appeal and file an answer brief. Then a decision will be made on whether to file a reply brief or to request an oral argument. If granted, the attorneys will appear before three judges in person to discuss the written briefs of the civil appeal. The final step is waiting for the court’s decision.
How Long Will I Wait for An Appellate Court Decision?
Generally, the reviewing court takes anywhere from three to six months to make a decision. However, sometimes it can take much longer depending on the details of the case, how long it takes to file briefs, and how busy the court is.
Some of the possible results from a civil appeal includes:
- Reverse the conviction for a new trial
- Offer a new sentencing
- Dismiss the charge or charges
- Affirm conviction
Schedule a Consultation with a one of our Appellate Attorneys
While Florida law doesn’t require you to hire an appellate attorney to file an appeal, it is the best chance at success. To schedule a consultation, call our Miami law office at 305-767-2001 today.