If you believe that there were any problems during your trial or during a pretrial motion, you may be able to begin the appeal process. Trying to navigate the appeal process alone, however, is difficult and complicated.
The purpose of an appeal, by definition, is to review the decisions of the trial court or lower tribunal to determine whether any potential harmful legal error has occurred. Legal error is harmful if it affects the outcome of the case.
Appeals are not trials and are not intended to give a litigant a second opportunity to argue the facts of his or her case. Similarly, the appellate court does not serve as a second jury.
Here’s how the appeal process generally works in the State of Florida:
First, your attorney will file a notice of appeal on your behalf. This notice must be filed within a 30-day period from the day you were sentenced or a civil judgment was entered. On rare occasions, the rules allow for interlocutory appeals, which allow for appeals while the underlying case is still pending.
Afterward, your attorney will receive something known as a “record on appeal” This record can be obtained from the trial court clerk. Your attorney will go on to review the documents relating to your trial to search for evidence of any and all errors, no matter how small.
Finally, your attorney will prepare and file the initial appeal brief. Opposing counsel will respond with their own brief. Your lawyer may also ask for an oral hearing to present your position in full, but many cases are decided by the appellate court based on the briefs alone.
Contact us today for a free legal consultation with no obligations. At Shrader & Mendez, Attorneys at Law, we are experts in the appellate process! We are happy to serve you.
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Do not hesitate to contact us. Give us a call at 813-360-1529 to schedule a free consultation today!
Posted in Criminal Defense
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