Florida Appeals & Post Conviction Motions
If you have been convicted of a criminal charge, there are still alternatives to pursue relief from your judgment. At Donald C. Barrett, Attorney at Law, we leave no stone unturned when it comes to investigating all legal avenues to having a client’s conviction reconsidered and overturned. We believe in providing our clients with zealous and comprehensive representation, and when we appeal a conviction, our advocacy is unparalleled.
Appeals in Criminal Court
What is an appeal?
An appeal is not a new trial. Rather, it is an attempt to have the court review a previous conviction due to there having been errors made during the trial or sentencing. This error could have been made by the defense attorney, prosecutor, or judge. No matter how the error occurred, it must be documented on the official court record. Issues that may justify an appeal include:
- Lack of sufficient evidence to support the guilty judgment
- Jury misconduct
- Evidence that was improperly admitted or excluded
- Incorrect instructions given to the jury
- Improper denial by the judge of a Motion to Dismiss or a Motion to Suppress
- Jury member was not fit to serve
What happens if the appeal is granted?
If the appeal is granted, and the judgment of the lower court reversed, the case is usually remanded (sent back to the lower court) and one of several things may happen:
- A new trial
- Trial court’s judgment is modified
- Trial court’s judgment is corrected
- Trial court may reconsider the case based upon a recent appellate court decision
- Trial court may reconsider the facts or consider new evidence not considered at trial
It is important to note that the appellate court may grant the appeal for the lower court’s decision in its entirety, or it may separate the issues, and only grant the appeal for part of the decision reached by the trial court.
What happens if the appeal is denied?
If the appellate court dismisses the appeal or affirms the judgment of the lower court, the appeal is over unless it is then appealed to an even higher court.
Post Conviction Motions
In addition to a direct appeal, it may be possible to obtain relief from a conviction by filing a post-conviction motion. These motions can be based on a variety of reasons, such as ineffective assistance of counsel, a new trial, or to set aside a sentence.
Reasons an appeal may not be possible include:
- Appeal was not timely filed
- The basis for the motion is urgent
- Appeal was not successful
Contact An Experienced Criminal Attorney
If you or a loved one have been convicted of a crime and you believe there are grounds for an appeal, contact Donald C. Barrett, Attorney at Law. Mr. Barrett is an experienced appellate attorney that will fight for you to receive the justice to which you are entitled. There are time constraints on filing an appeal, so it is imperative that you obtain counsel as soon as possible.