Being convicted of a crime is a truly devastating feeling, but it does not have to be the end of your case. You have the right to challenge the procedure, verdict, or sentence through the legal mechanism known as an appeal. With a Lake County appeals lawyer from The Umansky Law Firm by your side, you may be able to reverse the outcome, get a new trial, or obtain a reduced sentence.
Prosecutors and judges are humans as well, and just as prone to making mistakes. However, these mistakes should not have an unfair effect on your criminal case, where your rights and future are on the line. Our team of defense attorneys are here to help you fight back against unjust circumstances and ensure that the court system functions properly.
Unlike a trial, which seeks to determine the facts of the matter, an appeal focuses on legal or procedural errors that occurred during the original proceeding. Judges at the Fifth District Court of Appeals review the records from the County Circuit Court in Tavares to determine if those errors unfairly affected the outcome.
The process follows very strict rules and deadlines. Your attorney must file a notice of appeal within thirty days, after which the Lake County Clerk of Court prepares the documents of your case, including transcripts, filings, and exhibits.
Your lawyer then writes a brief to the court explaining the legal grounds for the review. The state attorney’s office responds with its own document defending the original case. Many times, both sides go before a panel of appellate judges to orally present their arguments and answer any questions from the judges. The panel can affirm, reverse, or remand the case, or a combination of all three. Affirmed means the panel agreed with the original outcome with no changes; reversed means it was overturned; and remanded means the case is sent back to the lower court for additional proceedings.
This process relies solely on the record, so new witnesses or evidence cannot be introduced at this stage. This makes research and preparation essential for success, and our skilled legal team is here to take on the challenge.
The key issues to review are whether there was a legal or procedural error during the original case, and if it had an unjust influence on the Lake County judge or jury. Some examples include:
Our lawyers have years of combined experience as former prosecutors. We know how to identify mistakes that may have affected your situation.
Besides an appeal, your attorney could consider other ways to challenge your conviction in Lake County. Post-conviction relief may be available under Florida Rule of Criminal Procedure § 3.850, which allows for a motion to vacate the judgment based on constitutional violations or ineffective counsel.
Our lawyers also handle remedies such as habeas corpus, which is a challenge for unlawful detention, and sentence reduction requests when the situation justifies leniency. These are all procedurally very complex and not applicable to every case. Having an attorney who is familiar with both the trial and appellate system is key to getting a chance to correct an injustice and restore your freedom.
You have the right to a fair trial, and the right to a second chance when it is affected by some procedural error or any other mistake. A Lake County appeals lawyer from The Umansky Law firm could help you pursue justice by challenging the original case or seeking other post-conviction relief.
For decades, our firm has strived to provide guidance and support for those who feel like they have been treated unfairly by the criminal justice system. Contact us for a free case evaluation with one of our defense attorneys.
The Umansky Law Firm Criminal Defense & Injury Attorneys
