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How Does the Appeals Process Work in Florida?

A criminal conviction is one of the most stressful and terrifying events that anyone can experience. This is especially true if you receive a harsh sentence for a crime. 

 Fortunately, you have legal options following a criminal conviction. If you think that there were problems with your trial, it is vital to contact a skilled appellate attorney

 With the help of a legal professional, you may be able to correct the injustices in your case. 

Even if you know that you plan to appeal your conviction, you may not understand the appeal process in Florida. Here is a quick overview of the appeals process.

Who Can File Appeals?

Anyone can file an appeal within the first 30 days after their judgment and sentencing. However, not every person will be able to successfully prove a problem with their trial.

 Some of the legal problems that can justify an appeal include:

 Inappropriate omission of evidence

  • Inappropriate inclusion of evidence
  • An unfit member present on the jury
  • Prosecutor misconduct leading to a conviction

 If any of these factors influenced your trial or conviction, you may be able to pursue a successful appeal.

The Steps of the Appeals Process

The first step in this process is to have an attorney file a notice of appeal on your behalf. This notice must be filed within 30 days of your sentencing.

 Next, your attorney will obtain a record on appeal. This record can be acquired from the trial court clerk. Your appellate lawyer will review the documents relating to your trial to search for evidence of errors.

 After this, your attorney will prepare and file the initial appeal brief and the opposing side will respond to your request for appeal. Your lawyer may request an oral hearing to present your position in full.

Premier Legal Representation from Shrader Law, PLLC

When you need the best attorneys in Florida to handle your case or your appeal, reach out to the experts at Shrader Law, PLLC. Contact us online or call 813-360-1529.

 

Posted in Criminal Defense

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