Melbourne Appeals and Post-Conviction Attorney

Board Certified Appellate Lawyers in Florida: Call (321) 360-4446

Appeals focus on trial court errors, rather than introducing new evidence. If a judge’s ruling is contrary to federal or state law, there may be grounds for appealing that court’s decision. The Melbourne appeals and post-conviction lawyers at Funk, Szachacz & Diamond offer a full scope of legal services in Florida’s appellate court system and the federal appellate court system.

What are Valid Grounds for Appeals in Florida?

There are several key elements that may form the basis of an appeal in Florida, including but not limited to the following:

• Legal Errors During Trial: These errors could involve improper jury instructions, incorrect evidentiary rulings, or violations of your constitutional rights. For example, if the court allowed inadmissible evidence to be presented, or if your attorney was ineffective in defending you, these issues could form the basis of an appeal.
• Insufficient Evidence to Support Conviction: This occurs when the evidence presented at trial was not strong enough to prove the defendant's guilt beyond a reasonable doubt. A Melbourne appeals attorney will review the trial record to determine if the evidence presented failed to meet the legal standards of proof.
• Sentencing Errors: If the judge imposed a sentence that was not appropriate for the crime, exceeded the statutory limits, or violated sentencing guidelines, an appeal may lead to a reduced sentence. Similarly, if new information comes to light that could mitigate your sentence, your attorney can argue for a reduced sentence on appeal.
• Constitutional Violations: The U.S. Constitution provides many protections for defendants, and violations of these rights can form the basis of an appeal. Some of the most common constitutional violations include unlawful searches and seizures, improper Miranda warnings, or failure to provide effective counsel during the trial.

What is the Appeals Process in Florida?

There are significant differences between the trial court and appeals process. The ultimate goal is to determine disputed facts and written arguments are submitted to the court. It is essential to have an experienced appellate attorney handle your appeal. Our appeals and post-conviction attorneys represent clients in all phases of the appellate process.

The specific process can vary, but the general appellate process may include:

• Notice of Appeal – A Notice of Appeal must be filed with the clerk of the trial court within 30 days from the final judgment.
• Preparation of the Record – The clerk prepares the record and transmits it to the appellate court. This includes documents, transcripts of hearings and trials, and the orders and judgments issued by the trial court.
• Appellate Briefing – Arguments are presented to appellate judges in appellate briefs. This is not new evidence, but legal arguments regarding the interpretation of law and application of the law to the facts of the case by the original trial court. The appellant’s attorney submits an Initial brief, the party who prevailed in the lower court prepares an Answer brief, and appellant then rebuts the argument in a Reply brief.
• Oral Argument – In some cases, one party may request that the court allow oral arguments. When this happens, each side presents oral arguments and judges may ask questions.

The court’s decision is generally issued in writing and an opinion explaining the decision may be provided, but this is not always the case. In most cases, a decision in a state appeal is issued within six months. In federal appeals, it can take up to two years or more for a decision to be issued.

What is the Time Limit for Filing an Appeal in Florida?

In Florida, there are strict time limits for filing an appeal. The time frame depends on the type of case and whether you are appealing a conviction or sentence. Generally, you must file a notice of appeal within 30 days of the final judgment or sentencing. Failing to meet this deadline could result in the forfeiture of your right to appeal.

What is the Most Common Type of Post-Conviction Relief?

Commonly, post-conviction relief is implemented when a person is realized to have had less-than-adequate legal assistance during their trial, sentencing or other related processes, resulting in their lack of knowledge and inability to confidently confirm the decisions that were made on their behalf.

It is important to note that post-conviction relief must be pursued within specific time limits, which vary by jurisdiction. Because of the complexity and importance of post-conviction relief, having a skilled post-conviction lawyer or appeals attorney to assist in this process is crucial for ensuring that the defendant’s rights are fully protected.

Board Certified Attorneys in Florida to Handle Your Appeal

Every attorney in our firm is a board certified criminal defense attorney. We conduct an analysis of the proceedings from pretrial through sentencing to determine if there are any relevant appellate issues. We can advise you about appeals and other post-conviction relief, such as sentencing reduction or modification, motion to withdraw a plea, and motion to vacate judgment and sentence.