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AGGRESSIVE & EFFECTIVE APPEALS LAWYERS

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Appeals Faq:

What is an appeal?

To be short, appeals derive from cases that have already been decided on by municipal courts, common pleas, small claims courts, or a board of tax appeals. If the defendant or plaintiff feels that the decision by the court was unconstitutional or unfair, the defendant may choose to request a higher court’s survey for their case. These higher courts, or court of appeals, then look for errors in both how the case was handled and how the court may proceed towards a new analysis.

What cases can be appealed?

In most cases, only final judgments are capable of being appealed. Orders or rulings that the court issues before a trial are usually not available for appeals. These orders or rulings can instead be attacked during a court case. Most practice areas, including but not limited to criminal law, family law, civil law, real estate law and probate can be appealed after the initial trial.

How long does an appeal take?

From the initial file to appeal, most appeal cases take anywhere from a year and a half to two years to receive a decision from the court. Although some cases are decided quicker than others, each case is uniquely handled by our team. An attorney from our firm will help you determine the length of each case.

What is a cross-appeal?

Cross appeals happen when both sides of the court are unhappy with the results of a case and want to appeal. As with most cases, cross-appeals take a special amount of attention and should not be handled alone.

Can an appeals court reverse legal errors?

If a trial judge commits an error, appellate courts can sometimes reverse that judgment. Although this type of case is rare, it does happen. If the judge makes any type of error, whether it be procedural or the mishandling of evidence, an appellate lawyer may step in and handle the situation. The appellate lawyer’s responsibility, in this case, is to prove that procedural errors occurred and affected the outcome of the original case.

What is a brief?

A brief is the written argument constructed by an appellate lawyer that explains not only why the defendant deserves another trial, but why it is the defendant’s constitutional right to another trial. A brief, for the most part, is the heart of an appeal. Most appeals are either won or lost by the end of a brief and are therefore an integral responsibility of the appeals lawyer. Contrary to television, oral arguments have little effect on the outcome of a case. As your team of lawyers, we pride ourselves on our ability to provide our clients with briefs that withstand the obstacles of the American justice system.

Criminal Appeals

For every and all criminal appeal defenses, the goal is to prove, beyond a doubt, that the initial trial court made an error. While in an appeal trial, judges are not concerned with new pieces evidence or witness testimonies. Rather, they concern themselves with how the lower civil or criminal courts may have handled individual cases.

Further, criminal appeal defenses follow criminal convictions through the lower trial courts. If you happen to be convicted of a more serious offense, you want to file a criminal appeal as quickly as possible. At ____, we will review your case timely and efficiently in order to determine whether or not you have the grounds to file an appeal for your case.

If you choose to appeal your case, our team will thoroughly conduct a full analysis of the entire scope of your case. From the time you were arrested to the time you were convicted, our lawyers will oversee the entire production. We will look into your trial and plea, and how the court handled your sentencing and conviction. If anything contrary to criminal law or policy stands out to us, we will talk to you and detail the results in our briefs. When we present the court with our briefs, due process will ensure the proper handling of results.

A successful appeals process aims to:

  • Overlook entirety of trial in order to prove your innocence.
  • Reduce or revise sentencing in accordance to findings.
  • Correct the court’s potential negligence
  • Dismiss evidence and testimony where clearly necessary

Examples of Trial Court Errors

Although it is impossible to predict the exact errors that may have occurred in your case, there are a wide array of possibilities. Our team is familiar with, but not limited to, identifying these errors:

  • The evidence provided by the court is insufficient to support a conviction
  • The sentence violates Florida law and exceeds justice
  • The judge issued a search warrant without the proper constitutional cause
  • The judge allowed evidence to enter the court that wasn’t lawfully processed through Florida’s Rule of Evidence
  • The trial court obstructed justice by swaying the jury in an unlawful way
  • The severity of the verdict outweighed the conviction
Our Experienced Team of Attorneys Can Fight for You!

Pardons

Pardons represent actions taken by executive officials that mitigate or dismiss the punishment for a crime. Pardons, or acts of clemency, are granted to someone who is for better or for worst, forgiven for their crime. Pardons are often granted to those who are considered to be overserving or who were wrongfully convicted. Many times, pardons are granted through the use of an appeals attorney.

However fruitful pardons may sound, on the state level, either a governor or a board of highly ranked official pardoners may grant a pardon. On the federal level, the President of the United States retains his right grant a pardon. In fact, only the President can pardon violations of federal law. The state-level pardons fall on the responsibility of the governor or pardon board.

Once an official grants a pardon, a defendant’s remaining punishments are removed and blocked from any further prosecution. Pardons erase the conviction and the sentence served, along with all penalties, are removed from the official record.

Petitioning for a Pardon in Florida

In the state of Florida, a pardon requires the governor and three cabinet officials to act as the pardon board. Through this committee and the minimal approval of at least two members, the governor makes a decision on your case. To be eligible for a pardon, you must wait depending on the charge. However, a federal pardon can be granted at any point without any need for conviction or crime.

Grounds For an Appeal

If you find yourself in a problematic spot with your conviction, don’t worry. You may have an option to appeal your judgment and even reverse your sentence. There are quite a few hoops to jump through though, and we as a team must determine whether or not you qualify for such a process.
We highly advise you to seek our help to sit down and determine your next steps as a defendant.
If you are in disagreement with the final judgment at the end of your trial, don’t despair! You might be able to go through an appeals process to reverse the verdict and secure the favorable outcome you were seeking. There are a number of requirements that must be fulfilled first and it must be determined whether or not you meet the prerequisites for the appeals process.

It is highly advised that you retain the expertise of an Orlando appeals lawyer from our firm immediately to determine whether or not your appeal is valid and can be taken to court. With our years of experience and insight, we are more than prepared to assist write essay for me with your case during this crucial time

Contact us now!

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