Grounds for Appeals
Legal Insight from an Orlando Appellate Attorney
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 with your case during this crucial time.
Navigating the Appeals Procedure
Only certain convictions can be appealed, and the guidelines set for them are often difficult to decipher and narrowly defined. Criminal cases, specifically misdemeanor and felony convictions, are the most common offenses that are taken to appeals courts. The process involves taking the judgment from one court and bringing it to a higher court for the appeal, such as going from a county court to the state.
These are some of the grounds that can form the basis for an appeal:
- Physical evidence (guns, drugs, DNA, drug paraphernalia, weapons, cell phones, and other property) was obtained in violation of a person's Fourth Amendment rights to be free from unreasonable and warrantless arrests and searches
- Identification evidence (lineups, photographic arrays, show-up identifications) were obtained in violation of a person's Constitutional rights
- Statements or confessions were obtained in violation of a person's Miranda rights, Sixth Amendment rights, and Fifth Amendment rights
- A person's right to a speedy trial was violated because the court or the prosecutor delayed the case too long
- The evidence was legally insufficient to establish guilt of a charged crime
- The verdict was against the weight of the evidence
- Jurors were selected by the court which were not qualified to serve as jurors
- The opposing party's lawyer unlawfully discriminated against jurors based upon race, sex, religion, national origin, or some other protected status
- Evidence was admitted at the trial which unfairly prejudiced a party
- Evidence was received by the court that was inadmissible and violated a person's rights
- Members of the jury engaged in legal misconduct
- Prosecutors engaged in prosecutorial misconduct or used unfair or unlawful tactics
- Prosecutors withheld key evidence or evidence which was favorable to the defendant
- The trial attorney rendered ineffective assistance of counsel
- The court issued erroneous or incorrect instructions on the law to the jury
There is a huge difference between a trial court and an appellate court. The finest trial lawyer cannot compare to having a capable and experienced appellate lawyer well-versed in appeals. Since our firm is particularly focused on appealing criminal cases, our strength is unparalleled in this area.
We Are Relentless in the Courtroom
When you need a fierce advocate in your favor, there is no clearer choice than Appeals Law Group. Together, our team has over 40 years of legal experience and we have adeptly handled thousands of appeals cases. Our legal prowess has reached many states across the entire nation, as we are able to practice in 13 federal circuit courts of appeal. We can spend a great deal of time inspecting your case and working out a strategy that can help get you a favorable resolution.
Find out more about the appeals process by getting in touch with our firm.