Appellate Law

Being a suspected criminal going through the criminal justice system can be a difficult thing to experience. Although you expect justice to be served, the court system may feel as if it is set up for you to fail. The court does supply you with legal representation in the event you cannot afford one, but that may not be as beneficial as it sounds. These attorneys handle dozens of cases at a time, and rarely have the energy or drive needed to present a proper defense to the charges you face.

Adamant that the court system will work in your favor, you decided against the plea bargain and put your fate in the hands of the jury. Your public defender tried their best, but it is possible their shortcomings were made apparent. If you feel as if there were factors in your case that warrant a second-look, invest in the legal services of an experienced appellate lawyer.

The Orlando appellate lawyers at The Umansky Law Firm can guide you through the appeals process. We are aware that the court system is prone to mistakes and some of which can lead to unfair sentencing. Acquire an attorney who will look into every detail of your case for mishaps and present necessary information that may result in a decision reversal or reconsideration. Contact an Orlando appellate lawyer to discuss your legal options further.

What is Appellate Law?

Appellate law deals with the appeal of court decisions. In Florida, an individual has 30 days after a conviction to file an appeal. One can appeal many court decisions on various grounds, but criminal cases have specific provisions. Criminal appeals generally occur after a trial but can also be brought about after entering a guilty plea. The Orlando appellate lawyers at The Umansky Law Firm can assist you in the following areas:

  • Criminal appeals
  • Clemency
  • Civil rights restoration
  • Direct appeals
  • Grounds for an appeal
  • Pardons
  • Post-trial motions
  • The appeals process

Reasons to Appeal a Criminal Conviction

An error of law is the only reasonable grounds of an appeal to a criminal conviction in Florida. The role of the appellate court is to clearly identify that such errors had some sort of impact on the outcome of the case.  In cases where there were errors in the process that would not have altered the outcome of the case, the court labels these as “harmless errors” and the verdict stands.

However, the role of your appellate lawyer is to identify errors that — if not made — would have resulted in an alternative final decision. Such errors include ineffective assistance of counsel and jury misconduct to name a few. Some other common discoveries that can result in a successful appeal include:

  • Bias during jury selection
  • Lack of sufficient evidence for a guilty verdict
  • Improperly admitted evidence
  • Incorrect jury instructions
  • Errors in the pretrial

These errors are best uncovered by legal counsel with a wealth of appellate law experience and extensive resources that can be utilized to your benefit. If the court decides that any of the aforementioned errors — including others — affected the outcome of the case, the judge can order:

  • A new trial to be held
  • A modification or correction of the trial court’s errors
  • For the trial court to consider new facts, take additional facts, or take into consideration a decision  made by the appellate court

How You Can Benefit from a Granted Appeal

Having a criminal conviction overturned is no simple task, which is why you must employ an attorney who you believe can best present your case. If the appellate court judge finds that your appeal has merit, he or she will grant your appeal and can remand your case to the lower court for reconsideration or have your conviction overturned altogether. Those who have their criminal appeal granted may benefit from the following:

  • Court considers new evidence
  • The jury is made aware of previously excluded facts
  • The jury is replaced
  • Legal counsel is replaced
  • Court corrects prior errors

Aggressive Appellate Lawyers in Orlando

We understand that the appeals process can be tedious, but we are ready and willing to fight for you to the end. Reach out to an experienced Orlando appellate lawyer with The Umansky Law Firm today to discover your legal options in pursuing an appeal. We can provide you with the information needed to make this crucial decision and serve as your legal representation throughout court proceedings. Contact us today at 407-228-3838 for a free case evaluation.