Winter Garden Appeals Lawyer

The appellate process is challenging due to strict, unforgiving deadlines, complex procedural rules, and the high standard of review that limits the appellate court to legal errors. Additionally, different knowledge and experience are necessary compared to trial court. The core of an appeal is the written legal brief, which requires clear, concise, and persuasive writing skills.

A Winter Garden appeals lawyer could distill complex legal concepts into a compelling written argument backed by relevant case law and statutes to maximize your chances of achieving a favorable outcome on appeal. Failure to meet a single deadline can lead to automatic dismissal. Our criminal defense attorneys are here to ensure strict adherence to rules for filing notices, paying fees, and ordering transcripts.

What Is the Process and Timeline for Filing an Appeal?

A Winter Garden attorney could help you file an appeal to correct errors that you believe negatively affected the results of your case. An appeal is a request for a higher court to review the lower court’s decision to determine if a harmful mistake was made rather than re-argue the facts of the case.

Common reasons to file an appeal include a judge applying the wrong law, mistakes in legal procedures (such as incorrect jury instructions), or the jury’s factual findings not being supported by the evidence presented. Key steps in the appeals process include the following:

• Filing the notice of appeal: The notice of appeal is a document that must be filed with the clerk of the court that issued the original ruling
• Paying the filing fee: Be prepared to pay the required filing fees, though waivers may be available for indigent parties
• Obtaining the record and transcript: Request the official record and a transcript of the proceedings from the lower court
• Filing the appellant’s brief: The initial brief, which contains the legal arguments, is typically due 70 days after the notice of appeal is filed in civil cases
• Filing reply briefs: The opposing party will file an answer brief, and your attorney may then have the opportunity to file a reply brief
• Oral argument (if granted): Oral argument is not always permitted and may be held several months after the briefs are filed
• Final decision: The three-judge panel at the District Court of Appeal will review the briefs, record, and arguments to issue a decision, which can take many more months

Our attorneys are prepared to handle all the stages of the appeals process and leverage extensive knowledge of appellate rules and procedures to improve the chances of a successful appeal. You must file a notice of appeal within 30 days of the final judgment or order, so it is vital to seek help from a lawyer quickly.

The 30-day deadline is strict, and missing it can mean your appeal will not be heard. The complexity of the case will determine how long the overall process takes. It can range from a few months to over a year.

What Are the Potential Outcomes of an Appeal?

An appeal can result in the appellate court affirming the lower court’s decision, reversing it, modifying it, or remanding the case back to the lower court for further proceedings. Affirming the decision means the original ruling stands, while reversing it overturns the original decision. Modifying it means the court changes a part of the original decision, and remanding sends the case back to the lower court with instructions, which could include a new trial.

If your appeal is denied, you may be able to petition for a rehearing, appeal to a higher court (such as the Florida Supreme Court), or file a new post-conviction motion to address issues not previously raised. An appeals lawyer in Winter Garden could explore all your options and handle the complex legal and procedural requirements for further action.

As a Florida-based firm, our attorneys possess specific, up-to-date knowledge of the state’s appellate court rules, procedures, and relevant case law. Our legal team also includes former state and local prosecutors with over 100 years of combined legal experience. This background provides a unique advantage in appellate cases, as we understand how the initial prosecution approached the case, which can be invaluable in identifying potential errors or misapplications of the law.

Consult With a Winter Garden Appeals Attorney Right Away

Unlike a trial, appellate courts do not hear new witnesses or reexamine evidence. They only review the trial record to determine if the lower court made any legal mistakes.

A Winter Garden appeals lawyer could provide a thorough review of your trial record to identify potential legal errors suitable for appeal and thoroughly scrutinize all details. Contact The Umansky Law Firm today to request your free and confidential case consultation.