If you are convicted of a drug charge, the judge’s ruling can feel like a low point in your life. But help could be available: the appeals process exists because mistakes occur during trials. Appealing a conviction can be complicated, and the appellate attorney you place your trust in should be highly skilled in this procedure, which differs from the initial trial.
At The Umansky Law Firm, our attorneys can review your case file, determine the grounds for an appeal, and discuss with you the likelihood that appealing a drug conviction in Orlando will succeed. For experienced representation from a team with a track record of wins on appeal, contact us for help today.
There are three key drug charges in Florida, the first is illegal possession of a controlled substance, either illicit or prescription drugs that are highly addictive, such as hydrocodone. If Orlando Police or Orange County deputies find more drugs on your person or in your home than you would reasonably need for yourself, you may be charged with intent to distribute.
The most serious charge is trafficking, in which you are considered to be in the drug business. If you are convicted of trafficking at least 300 grams but less than 30 kilograms of hydrocodone, you could face 25 years in prison and a fine of up to $750,000.
If you are considering challenging an Orlando drug conviction because of errors made during the original trial, you must contact an experienced criminal appellate attorney at once. Your attorney generally has 30 days to file a Notice of Appeal with the Ninth Judicial Circuit Court, or the court where your original trial was held. This process alerts the court and the state’s attorneys that you are challenging your conviction.
After your attorney files a Notice of Appeal, they will prepare the Record on Appeal, which includes transcripts of the trial and related proceedings along with a comprehensive listing of evidence presented at trial. The appeal must relate to what was presented on the record during the trial. The Appellate Court uses the Record on Appeal to review your original case, so your attorney must ensure it is a complete account of what transpired.
To ensure the Appellate Court judges understand what you are contesting, your attorney will submit an appellate brief discussing the legal arguments for overturning your conviction. The brief must enumerate the trial errors and how they contributed to the verdict against you. A ruling could be incorrect if it was based on evidence that violated your constitutional rights, including an illegal search and seizure or statements you made before being read your Miranda rights. It can also include procedural mistakes, such as prejudicial jury instructions.
The Appellate Court judges may schedule an oral argument, which is an opportunity for your attorney to appear in court and respond to questions and concerns the judges have. Our Orlando attorneys are confident and experienced in appealing a drug conviction. We understand the stress associated with waiting for a decision that will indelibly impact your future. During oral arguments, we emphasize key points made in the appellate brief and take every opportunity to advocate for you to help minimize the impacts on you and your family.
Once the Appellate Court judges conclude the proceedings in your case, they will determine whether the errors and arguments your attorney presented tainted the outcome of your trial. Judges can uphold your conviction, instruct the trial court to enter an order to dismiss your case, or rule that you are entitled to a new trial or resentencing.
Should the judges uphold your conviction, your attorney has additional options to seek a rehearing or post-conviction relief (within two years of a conviction). It is crucial to consult an experienced attorney familiar with the Appellate Court system to ensure the best results in your case.
Your future and your family’s stability are at stake after a drug conviction, so take advantage of the options still available to help reclaim your life. At The Umansky Law Firm, our criminal defense attorneys are skilled and successful at trial and in Appellate Court proceedings, and we can guide you through the next steps.
Appealing a drug conviction in Orlando is a complex legal process that requires the most experienced and talented legal professionals available. Call our team today to schedule a consultation about your post-conviction journey.
The Umansky Law Firm Criminal Defense & Injury Attorneys
