Filing an appeal in a criminal defense case allows the appellate courts to review challenges to lower court rulings. However, there must be cause for an appeal, typically errors by the judge or an attorney. You cannot appeal a court’s ruling simply because you disagree with the outcome.
The appeals process is complex and requires strong knowledge of the state statutes and skilled litigation prowess. A Clermont appeals lawyer could help with post-conviction relief through filing motions for habeas corpus, motions to vacate convictions, plea withdrawal, and more. Our criminal defense lawyer consults with you on whether filing an appeal is valid and what your chances are for success.
There are specific steps to complete in the Florida criminal appeals process, which a Clermont lawyer will go over with you. Those steps include:
Filing a Notice of Appeal is the first important task to appeal a criminal circuit court decision. Most defendants have just 30 days from the ruling to file the notice and pay the applicable fees.
After the notice is filed with the court, the court clerk prepares the trial record for the appeal. However, you and your lawyer must review the record to ensure all the necessary information is available and quickly account for any missing data.
Written arguments submitted to the appeals court are called legal briefs, and there are usually three primary types of briefs for every appeal. According to the guidelines given by The Florida Rules of Appellate Procedure, each brief must follow specific style rules, or the court will not accept the document:
This can be difficult to manage for someone not from the legal world but a Clermont appeals attorney handles the legal work of drafting and filing the briefs and ensuring compliance with the regulations.
Your lawyer then presents the oral argument in court (for cases heard in Clermont, this will be the Lake County Courthouse), and they have a set amount of time to present their argument. The court usually gives them 10 to 20 minutes to present all the evidence and the reason for appealing to the court for consideration.
The appeals court then issues a formal option and their decision. If they require further action, the decision will also provide that information. In some circumstances, you may have the legal right to appeal the decision to a higher court if you still do not agree with how the case played out. An appeals lawyer in Clermont could help you with legal advice every step of the way and handle the legal filings on your behalf.
Successfully appealing a court’s ruling on your criminal charge requires that you follow the rules and regulations provided under the appeals statutes. Because the rules are so specific and there are strict timelines, working with a skilled legal professional can give you the best chance of winning the case.
The weather and attractions around Clermont make it a fun place to live. However, the state prosecutor takes criminal cases seriously, and an arrest can have lasting negative consequences. When a court determines you are guilty and sentences you for a crime without giving you the right to a fair trial, state laws may allow you to appeal the decision.
Ineffective counsel or improper procedures by a judge can deal a blow to your case and result in a guilty verdict. A qualified Clermont appeals lawyer could provide you with sound legal advice and help prepare a practical and strategic motion for relief – even if we were not your counsel on the original case! Call us today and learn how we could help. Your have only a limited time to file your appeal, so do not delay.
The Umansky Law Firm Criminal Defense & Injury Attorneys