Glenn R. Roderman Criminal Law Blog on Lawyers.com

If you are found guilty after a trial, you may be able to appeal your conviction and sentence.  Appealing a decision does not entail a new trial, but a review of your trial in an appellate court.  The objective of the convicted party when filing an appeal is to persuade the appellate court that there was a procedural error during the trial or a failure to follow applicable laws.

The naming of appellate courts varies from state to state.  The court to which an appeal is filed will generally begin at the lowest level corresponding to the court that convicted the defendant.  This is also true of appeals at the federal level.  If the appeal is unsuccessful, then the defendant can proceed upward and file appeals in higher appellate courts.

Grounds for Appealing a Decision

There are many possible grounds for appealing a decision:

• Inadmissible evidence:  If evidence was obtained in violation of the defendant’s Constitutional rights and presented during the trial.
• Insufficient evidence:  If the evidence used against the defendant was not strong enough to conclusively establish guilt.  The court may also review the credibility of witnesses.
• New evidence:  If new evidence has come to light that could reveal the defendant’s innocence. In presenting new evidence, an appellant usually has to show that this evidence was inaccessible during the trial and that its use would have likely resulted in a different decision.
• Procedural mistakes:  If the trial was handled by the judge, jury, or prosecution in accordance with rules and procedures governing trials.
• Inadequate representation:  If the defendant feels that the Fort Lauderdale criminal defense attorney provided poor representation and counsel.
• Illegal sentencing:  If a convicted person was sentenced more severely than the sentencing guidelines provided by the law.  This is a rare occurrence.

In Florida, as elsewhere, if the defendant entered a “guilty” plea, the possibilities to appeal are restricted to special circumstances, such as situations involving involuntary pleas and sentencing errors.

The Appeals Process

There are certain steps that a defendant must follow when filing an appeal.  First, the defendant must deliver a notice of appeal to the appropriate court including reasons for contesting the decision.  Each state has deadlines for when a defendant can appeal a case.  For example, in Florida, an appeal must be filed within 30 days of sentencing.

Next, the appellant and the appellee file three briefings:

• Opening brief: the appellant explains the facts and history of the case and why the court should reverse the judgment.
• Responsive brief: the appellee responds to the appellant’s opening statement and argues in defense of the court’s decision.
• Reply brief: the appellant can reply to the responsive brief. In this stage, the appellant may not make any new claims or arguments.

After the briefings, an appellate panel composed of judges hears the oral argument of the appellant and delivers a decision, usually in writing.

If you would like to file an appeal, contact a lawyer immediately.

Article By Fort Lauderdale Criminal Defense Lawyer:

Glenn R. Roderman
200 SE 6th Street Suite 201
Fort Lauderdale, FL 33301
954-764-6800