Sanford Appeals Lawyer

Filing an appeal is a legal process that asks a higher court to review a lower court’s decision for harmful errors. The process involves filing a notice of appeal within a strict deadline, obtaining the case record, and submitting legal briefs. The appellate court reviews the case and may uphold the lower court’s ruling, reverse it, or send the case back for further proceedings.

A Sanford appeals lawyer knows how to frame arguments that focus solely on the legal and procedural errors the lower court may have made, which is the primary standard of review in most appeals. An experienced criminal defense attorney from The Umansky Law Firm understands the unique requirements involved, including filing procedures and deadlines.

What Are the Common Grounds To File an Appeal?

Appeals are generally based on the assertion that a serious legal issue occurred during the initial trial that prejudiced the outcome of the case. An appeal is not a new trial or a chance to reargue the facts or present new evidence unless it meets strict legal criteria. Common grounds to file an appeal include:

• Misapplication or misinterpretation of law: The judge applied the wrong legal standard, statute, or case law to the facts of the case
• Improper jury instructions: The judge incorrectly advised the jury on the applicable laws, which may have led to a flawed verdict
• Errors in rulings on motions: The judge made an incorrect legal ruling on critical pretrial or post-trial motions, such as a motion to dismiss or a motion for summary judgment
• Improper admission or exclusion of evidence: The judge allowed evidence that the court should have excluded or prevented important, relevant evidence from being presented to the jury
• Insufficient evidence: The verdict is clearly against the weight of the evidence presented, or, in a criminal case, the prosecution failed to provide enough evidence to prove guilt beyond a reasonable doubt
• Due process violations: Fundamental constitutional rights, such as the right to a fair and impartial trial, were infringed
• Prosecutorial or jury misconduct: Improper behavior during proceedings prejudiced the defendant’s rights, such as a juror conducting outside research or a prosecutor withholding evidence
• Sentencing errors: The judge made an error in calculating or imposing the sentence based on legal guidelines

In most appeals, the appellant must preserve each alleged error on the trial court record. This generally means your attorney must raise a timely objection or motion during the trial, allowing the judge to correct the mistake.

The main exception is where a fundamental error has occurred, such as a violation of due process rights, which is a serious error that affects the fairness of the trial. The appellate court may review a fundamental error even if no objection is on record. It is critical to consult with an experienced Sanford attorney quickly to review the trial record and identify valid grounds for a petition for review.

How Does the Appeal Process Work?

To start the process, the appellant (the party appealing the decision) must file a formal notice of appeal with the clerk of the original trial court. In criminal cases, you have 30 days to file a notice of appeal, starting from the date the court renders final judgment or sentence. This deadline is firm, and missing it can result in losing the right to appeal. The deadline is based on the date the signed order is filed with the clerk of the court, not when you receive the judgment or notice.

A Sanford attorney could file the first brief for you, usually within 70 days after filing the notice of appeal. The brief outlines the legal arguments for why the lower court’s decision was erroneous and cites relevant case law and the record. The appellee (the opposing party) then files an answer brief, presenting arguments for why the trial court’s decision was correct. Your lawyer may file a final reply brief to address points raised in the answer brief.

Oral Arguments and Decisions

The appellate court does not grant oral arguments in every case. When the court schedules an oral argument, both attorneys appear before a three-judge panel of the District Court of Appeal. Judges may ask clarifying questions about the case, law, and arguments presented in the briefs. After reviewing the briefs and any oral arguments, the three-judge panel deliberates and issues a written decision. The process can take from a few months to more than a year.

The court may affirm the lower court’s decision, reverse the decision, or reverse and remand the case back to the trial court for further proceedings consistent with the appellate court’s ruling. The losing party may file a motion for a rehearing or, in some cases, petition the Florida Supreme Court for review. The Supreme Court has limited and discretionary jurisdiction, meaning it selects the cases it will hear, except in certain capital cases.

Call an Appeals Attorney for a Review of Your Case in Sanford, FL

A Sanford appeals lawyer could focus on identifying legal issues, interpreting complex statutes and case law, and crafting persuasive arguments based strictly on the existing trial record. We could review the record to identify genuine errors that the trial team may have overlooked.

The attorneys at The Umansky Law Firm understand how to craft compelling briefs backed by extensive legal research and case law, which is a very different skill set from trial advocacy. We could provide a realistic assessment of the likelihood of success and help you make an informed decision about pursuing an appeal for your case. Contact us today to request your free and confidential case review.