Appeal Your State of Florida Criminal Conviction
Appeals are a request to a court to resolve disputed issues of law or fact. Once a decision (ruling) has been rendered in a criminal case by the trial court, any party (defendant or government) who disagrees with the ruling in a criminal case has the right to have the decision reviewed by a higher court, subject of course to the rules of appellate procedure and the Constitutions of the United States and the State of Florida. An appeal from a verdict finding guilt after a trial is a right safeguarded by the Constitutions of the United States and the State of Florida.
The appeals process is very complex and challenging, time limited, and often requires an experienced appeals attorney who has a thorough understanding of the law (case law), strong research and writing skills, and the ability to develop effective legal strategies to persuasively communicate arguments to the appellate court.
Grounds for an Appeal can include, but is not limited to:
- The evidence introduced at trial was insufficient to support a finding of guilt
- The trial court made an incorrect ruling on a pre-trial issue (motion to dismiss or a motion to suppress)
- The trial court erroneously failed to excuse a certain jury member who expressed some kind of prejudice against you or the case
- The trial court erred in the jury instructions that were given to the jury
- The sentence in your case exceeded the maximum punishment allowed
Appellate Court rulings can include:
- Affirming the judgment of the trial court – conviction and sentence remain unchanged
- Modifying the judgment – verdict remains the same, but some aspect of the decision is changed (sentence, conditions of probation, reduce a conviction to a lesser-included offense)
- Remand to the trial court – trial court to do something further to determine whether the judgment should stand or be reversed or modified
- Reverse the judgment of the trial court– reverse in part or entirely, granting either a new trial or a discharge from the offense forever.
Attorney Leonard Feuer is a former prosecutor and an experienced criminal defense attorney. He has handled appeals for felony and misdemeanor convictions at both the state and federal level. He understands what is at stake and knows how to protect your rights.
If you or a family member has been found guilty of a crime and want to pursue an appeal, contact The Feuer Law Firm.