Winter Park Appeals Lawyer

The purpose of a criminal appeal is to have an appellate court review a trial court’s proceedings for harmful legal or procedural errors that affected the outcome of the case. Only errors that were significant enough to impact the final judgment may result in a reversal of the decision. The appeals process helps ensure that legal decisions are consistent with established law, constitutional rights, and legal procedures, and are designed to promote fairness across the judicial system.

A Winter Park appeals lawyer could perform in-depth research to find legal precedents and statutes that support an argument for why the lower court’s decision in your case should be overturned or modified. Contact our criminal defense attorneys to find out what may be possible for your specific case.

What Are Possible Reasons To File an Appeal?

In criminal cases, an appeal must be based on a significant and reversible legal or procedural error that occurred during the trial court proceedings. An appeal is not a new trial and does not typically involve presenting new evidence or witnesses. Instead, it is a review of the existing trial record for mistakes of law. Possible reasons to file an appeal include:

• Improper rulings on evidence: The judge wrongly admitted evidence that should have been excluded (e.g., illegally seized evidence without a proper search warrant) or excluded evidence that should have been admitted to help the defense
• Incorrect jury instructions: The judge provided the jury with inaccurate, incomplete, or otherwise improper instructions regarding the laws applicable to the case, which may have prejudiced the verdict
• Misinterpretation or misapplication of law: The judge made a mistake in applying or interpreting a relevant statute or legal principle
• Improper denial of motions: The judge wrongly denied key motions, such as a motion to suppress evidence, a motion to dismiss the case, or a motion for a judgment of acquittal due to insufficient evidence
• Ineffective assistance of counsel: The defendant’s trial attorney failed to provide competent legal representation to the extent that it violated the constitutional right to a fair trial and prejudiced the outcome of the case (e.g., failing to call a crucial witness or not relaying a plea offer)
• Prosecutorial misconduct: The prosecution engaged in inappropriate or unethical behavior that prejudiced the jury, such as withholding exculpatory evidence (evidence that suggests the defendant is innocent) or making improper remarks to the jury
• Juror misconduct: A juror or the jury as a whole behaved improperly through actions such as conducting their own investigation, discussing the case with outside parties, or demonstrating bias
• Violations of constitutional rights: There were other violations of a defendant’s right to due process, such as a false arrest or a double jeopardy violation
• Illegal sentence: The sentence imposed by the court was not authorized by state law—for example, it exceeded the statutory maximum penalty for the offense
• Sentencing errors: The judge made a mistake during the sentencing procedure, such as applying an unsupported sentencing enhancement
• Insufficient evidence: The prosecution failed to meet its burden of proving guilt beyond a reasonable doubt, and the verdict was not reasonably supported by the evidence presented at trial

In rare cases, genuinely new and material evidence that was unavailable at the time of trial but would have substantially impacted the outcome may be grounds for a post-conviction challenge. However, this is often pursued through a separate motion rather than a direct appeal. A Winter Park attorney could help you evaluate what grounds you have to launch an appeal in your case.

When Do You Need To File an Appeal?

You generally need to file an appeal within 30 days of the final judgment or order you wish to appeal. This deadline is firm, and failing to file an appeal before it arrives can lead to you losing your right to appeal.

There are rare exceptions, such as when ineffective counsel prevented a timely appeal. In some extraordinary situations, newly discovered evidence that was not available at trial and is significant enough to have changed the outcome of the case could provide grounds to extend the deadline.

An experienced Winter Park appellate lawyer could help you understand the specific deadlines and procedures for your case. Our attorneys at The Umansky Law Firm have significant experience in criminal law, including post-conviction relief, probation violations, and appealing criminal convictions in both state and federal courts.

Speak With a Winter Park Appeals Attorney Today

A Winter Park appeals lawyer could write complex and persuasive appellate briefs, which are the main documents submitted to the higher court outlining the arguments for appeal. Our legal team includes former prosecutors who bring a wealth of experience from both sides of the courtroom to the appeals process. Contact us today to request your free case consultation.