In the United States, our Constitution affords us the right to due process, and part of that is the right to appeal a court's decision. That means if your criminal trial did not conclude with the outcome you had hoped, you may be able to appeal if sufficient grounds are present. Keep in mind, however, that an appeal is not the same thing as a new trial. Many defendants also think that if they appeal, they can introduce new evidence, but that is only another misconception about criminal appeals. Criminal appeals in Florida are only permissible in certain situations, and neither retrying the case nor admitting new evidence are grounds for or occur during an appeal.

It's best not to navigate the criminal justice system on your own. At Rodriguez & Williamson, PLLC, our criminal appeal lawyers in Tampa will explain what your options are if you are found guilty and subsequently sentenced. If an appeal is appropriate, we will discuss with you exactly what that may involve. It can be costly to appeal, so you always want to start your criminal defense off right by hiring a criminal defense lawyer who will fight to uphold your rights and seek the best outcome. Call us today at 813-320-7500 to schedule a Free if you have been arrested and charged with a crime or if you have been found guilty and want to appeal.

What are Criminal Appeal Lawyers?

During a criminal appeal, the defendant asks a higher (appellate) court to review and either reverse or modify a lower (trial) court's decision. The party appealing the trial court's decision is the appellant (some jurisdictions prefer to use petitioner). The other party is referred to as the appellee (some jurisdictions prefer to use respondent).

When a defendant is found guilty after a trial, they have a right to appeal the verdict. The prosecution, on the other hand, cannot appeal an acquittal. The Fifth Amendment of the U.S. Constitution prohibits double jeopardy, which means you cannot be tried twice for the same criminal allegation. Both the prosecution and the defense, however, can appeal a defendant's sentence as well as any interim decisions made by a judge, like the admissibility of certain evidence. 

Appellate courts are concerned with legal errors. They do not hear evidence or make findings of fact as to whether the defendant is guilty or not guilty. An appellate court examines a trial for any potential errors in terms of procedure, the law that was applied, and how it was applied.

The appellant files a notice of appeal, and upon the filing of this notice, the clock starts ticking for the appellant to file a brief. The brief states the facts and the law, explaining why the trial court's decision must be reversed. The appellee has an opportunity to respond with an answering brief. Then, the appellant may respond with a second brief that answers the appellee's brief.

The appellate court may make a decision based on the written briefs, or they may hear oral arguments.

Grounds for a Criminal Appeal in Florida

The specific grounds of an appeal will vary from case to case. Ultimately, an appellant must show that the lower court made a substantial or material error during the trial, i.e., one that affected the outcome of the trial. A harmless error, even if an error, will not change the outcome of the lower court's decision.

The most common grounds given for a criminal appeal in Florida include but are not limited to sentencing errors, the serious error of law, abuse of discretion, ineffective counsel, improper jury conduct, and prosecutorial misconduct.

Sentencing Error

Just like everything else in the criminal justice system, there are rules a judge must follow when sentencing a defendant after a conviction. When sentencing rules are ignored, the sentence is considered illegal, and an appellate court will remand the matter back to the lower court for resentencing. Though this type of appeal does not reverse the trial decision's guilty verdict nor does it allow for a new trial, it does often lead to reduced or more favorable sentences.

Serious error of law

A defendant may file an appeal on the basis that the trial court made an error in how they applied the law to the facts. For example, if the judge gave incorrect instructions to the jury on a legal issue or miscalculated the sentence, that may be ground for an appeal. 

Abuse of discretion

A trial judge has wide discretion when ruling on pretrial motions and legal issues that arise during a trial. A party can appeal an interim ruling that was clearly unreasonable, erroneous, arbitrary, or unsupported by the facts or law. 

Ineffective counsel

A defendant has a constitutional right to adequate representation during their trial. If a trial lawyer's representation was so poor that it resulted in an unfair trial, this may provide a defendant with the basis for an appeal.  

Improper jury conduct

A defendant may appeal their conviction if a juror acted improperly during the trial or deliberations. For example, if a juror speaks directly to a witness, that could be grounds for an appeal. 

Prosecutorial Misconduct

When prosecutors engage in dishonest or abusive acts in an effort to persuade a judge or jury of a defendant's guilt and those abusive acts were prejudicial and harmed the defendant's case, there may be grounds for appeal. Prosecutorial misconduct must be of the nature that even if a judge instructed the jury to disregard the improper act, the jury finds it hard to do, and that impacts the way they decide the case. Examples of prosecutorial misconduct include a prosecutor commenting on inadmissible evidence before the jurors, intentionally misstating what the law says, or appealing to the jury's prejudices.

Possible Outcomes of a Criminal Appeal in Florida

After considering an appeal, an appellate court's decision may be one of many. The appellate court may:

• Affirm the trial court's decision and uphold the conviction and sentence 
• Reverse, or overrule, the trial court's decision
• Remand, or return, the case to the trial court for a full retrial, resentence, or reconsideration of a specific aspect of the trial based on the appellate court's finding
• Modify a sentence

An appellate court can also dismiss an appeal on procedural issues, such as a lack of jurisdiction. 

Contact a Criminal Appeals Lawyer in Tampa Today

Criminal appeals involve a highly specialized area of law that has the potential to significantly alter the outcome of the trial court's decision. So, if you are considering appealing the outcome of your criminal trial, it's worth speaking to a criminal appeals attorney in Tampa.

At Rodriguez & Williamson, PLLC, our criminal appeals attorney has the skill and resources to help you file a timely appeal and strategically argue your case. Not only can we provide you with expert advice, but we will also review your trial with fresh eyes to identify all potential grounds for appeal. Contact us today either by filling out the online form or calling us at 813-320-7500 to schedule a Free.

Our right to due process is guaranteed to us by the Constitution of the United States, and one component of this guarantee is the right to appeal the decision of a court. This indicates that if the result of your criminal trial was not what you had hoped for, you might be able to appeal the decision if there are sufficient grounds. However, remember that appealing a decision does not result in a brand new trial being held. Another common misconception regarding criminal appeals is that they can present new evidence if the defendant files an appeal. This, however, is not the case. In Florida, criminal appeals can only be filed under specific circumstances. Neither retrying the case nor admitting new evidence can be grounds for or occur during an appeal of a criminal conviction.

It is strongly recommended that one does not attempt to navigate the criminal justice system alone. Suppose you are found guilty and given a sentence, the criminal defense attorney in Tampa that we employ at Rodriguez & Williamson. In that case, PLLC will discuss the various options available to you. If we determine that it would be appropriate to file an appeal, we will review the process's specifics with you. Because appealing a criminal conviction can be expensive, you should always get your criminal defense off to a good start by hiring a criminal defense attorney who will fight to uphold your rights and seek the best possible outcome for your case. If you have been arrested and charged with a crime or have been found guilty and want to appeal the decision, call us today at 813-320-7500 to schedule a free consultation.

What exactly is considered a Criminal Appeal?

The purpose of a criminal appeal is for the defendant to request that a higher (appellate) court review the decision of a lower (trial) court and either overturn or modify that decision.

The appellant is the party contesting the decision made by the lower court (some jurisdictions prefer to use petitioner). The term "appellee" refers to the opposing party (some jurisdictions prefer to use respondent).

A defendant has the legal right to appeal the verdict in their case if they were found guilty after their trial. On the other hand, the prosecution cannot file an appeal in the event of an acquittal. You are not allowed to be tried twice for the same criminal allegation under the Fifth Amendment of the United States Constitution, which states that double jeopardy is prohibited. However, either the prosecution or the defense can file an appeal against a defendant's sentence and any interim decisions made by a judge, such as whether or not particular evidence should be allowed into evidence.

Errors in the law are something that appellate courts look out for. They do not review the evidence or come to any conclusions about the facts to determine whether or not the defendant is guilty. An appellate court reviews a trial to identify any possible procedural, legal, or legal interpretation errors that may have occurred during the original problem.

The appellant submits a notice of appeal, and immediately after submitting this notice, the appellant's deadline to submit a brief begins to count down. In brief, the facts and the law are laid out to demonstrate why the decision made by the lower court must be overturned. The appellee will likely respond in the form of an answering brief. After that, the appellant can rebut the appellee's brief by filing a second brief of their own.

The written briefs or oral arguments of a criminal appeal lawyers may serve as the basis for the decision handed down by the appellate court.

Arguments That Can Be Made by Criminal Appeal Lawyers in Florida

The arguments presented in support of an appeal will vary from case to case. Ultimately, an appellant must demonstrate that the lower court made a significant or material error during the trial, which means that the error impacted the verdict reached. A harmless error, even a mistake, will not change the outcome of the lower court's decision.

In Florida, the most common reasons for appealing a criminal conviction are:

• errors in sentencing,
• severe mistakes in the law,
• abuses of discretion,
• incompetent legal representation,
• improper behavior on the part of juries, and
• prosecutors took improper actions.

However, this list is incomplete.

Sentencing Error

After a conviction, a judge must impose a sentence on the defendant in accordance with a set of rules. These rules are similar to those that govern the rest of the criminal justice system. When sentencing guidelines are disregarded, the resulting sentence is deemed illegal. An appeals court will typically send the case back to the lower court so it can be rejudged and resentenced. Although this type of appeal does not overturn the verdict of guilty that was reached during the trial, nor does it allow for a new trial to be held, it frequently results in sentences that are less harsh or more lenient.

Serious infraction of the law

A defendant has the right to appeal a judgment if they believe that the lower court erred in the way that they applied the law to the facts of the case. For instance, if the judge gave the jury the wrong instructions on a legal issue or if the judge miscalculated the sentence, that could be grounds for an appeal.

Misuse of judgment and discretion

When it comes to ruling on pre-trial motions and issues of law that come up during the course of a trial, a judge has a great deal of leeway. A ruling that is unreasonable, erroneous, arbitrary, or unsupported by the facts or the law can be appealed by a party.

Ineffective counsel

A constitutional right to adequate representation during a criminal trial is guaranteed to every defendant. If a criminal appeal lawyers performance during the trial was so poor that it led to an unfair trial, the defendant might have grounds for appealing the verdict.

Improper jury conduct

If a juror behaved inappropriately during the trial or during deliberations, a defendant has the right to appeal their conviction. For instance, this could be grounds for an appeal if a juror were to speak directly to a witness during the trial.

Prosecutorial Misconduct

If the prosecution committed dishonest or abusive acts in an effort to convince the judge or jury of a defendant's guilt, and if those abusive acts were prejudicial and hurt the defendant's case, then there may be grounds for the defendant to file an appeal. It is necessary for prosecutorial misconduct to be of such a nature that even if the judge instructed the jury to disregard the improper act, the jury would find it difficult to do so, and this would affect how they decided the case. When a prosecutor comments on inadmissible evidence in front of the jury, intentionally misstates what the law says, or appeals to the jury's prejudices, these are all examples of prosecutorial misconduct.

Outcomes That Might Be Achieved Via a Criminal Appeal in Florida

Following the review of an appeal, the decision that an appellate court issues may be one of several. The appellate court may:

• Convictions and sentences should be upheld, and the lower court's decision should be affirmed.
• The decision of the lower court should be set aside or reversed.
• The case should be remanded, which means it should be sent back to the lower court for a full retrial, resentence, or reconsideration of a particular aspect of the trial based on the appellate court's finding.
• Modify a sentence
• An appellate court can also reject an appeal for procedural reasons, such as the court not having the authority to hear the case

Get in Touch Right Away with a Criminal Appeal Lawyers in Tampa

The process of appealing a criminal conviction involves a highly specialized area of the law that can significantly impact the lower court's decision. Therefore, if you are considering appealing the verdict of your criminal trial, it is in your best interest to speak with an attorney specializing in criminal appeals in the Tampa area.

Our criminal appeal lawyers at Rodriguez & Williamson, PLLC, has the experience and access to the resources necessary to assist you in filing an appeal in a timely manner and effectively arguing your case. Not only are we able to offer you expert guidance, but we will also examine your trial from a new perspective to locate any and all possible grounds for appealing the verdict. Contact us today by filling out the online form or calling 813-320-7500 to schedule a Free.

Tags:

• appellate court
• supreme court
• types of cases
• criminal case
• notice of appeal
• appeal process
• appeal must be filed
• legal error
• oral argument
• court system
• review the case
• trial court
• court of appeals