Being convicted of a criminal offense is devastating. But, there is still hope. The appellate process is not an easy one and the odds are not in your favor. You can increase those odds by having an appellate attorney on your side working on your behalf who is experienced and who has a track record of success.
How the Criminal Appellate Process Works
Within a certain period of time after the final disposition of your case, a Notice of Appeal must be filed. If the Notice is not timely filed, you may lose forever your right to a direct appeal of your case. After the Notice of Appeal has been filed, your attorney will prepare and file a written brief, pointing out the errors that occurred in the trial court.
The appellate court only reviews matters that are in the record and that occurred in the trial court proceedings. No new evidence can be presented on direct appeal from a trial or sentencing hearing. If something happened you believe was in error, but it does not appear in the trial record, the appellate court will not consider it. Some common appellate issues include:
- The court erred by admitting or excluding relevant evidence.
- The jury instructions were incorrect or made misstatements of the law.
- A requested jury instruction was erroneously denied.
Exercise Your Right to Remain Silent during the Pendency of Your Appeal
There are several possible remedies on appeal. You may win a reversal of your conviction and a new trial, a new sentencing hearing or a reduction in your sentence. It is important that during the time your appeal is pending, you continue to exercise your right to remain silent. If you win on appeal and obtain a new trial or sentencing hearing, anything you may have said to law enforcement, family members, friends or cell mates can be used against you at your new hearing.
Call Appeals Attorney Gary Schwartz
For more than a decade, appeals attorney Gary Schwartz has been fighting wrongful convictions and illegal sentences throughout the State of Florida. He keeps up-to-date on all changes to appellate procedures and to daily published cases of all appellate courts that may have an effect on any of his pending or future cases.
His office is in Orlando, Florida. Call him as soon as possible at (407) 267-1134.