General Info On Selecting An Appeals Defense Lawyer
If you feel you have been wrongfully convicted of a crime or you have received an unfair sentence, an experienced Florida criminal lawyer may be able to correct this injustice through the appeals process – a right guaranteed by the United States constitution.
What is a criminal appeal?
A criminal appeal or a post-conviction appeal takes place after the criminal trial process is completed. If the trial result is unfavorable, the defendant may file a motion to appeal to a higher court. Appellate courts will hear post-conviction appeals based on alleged errors in the trial process or if new evidence becomes available.
There are several different types of appeal actions, but the three most common appeals are appeals as a matter of right, writ of certiorari and writ of habeas corpus.
1. An appeal to which the defendant has a right usually results when the appellant feels that there was an error during trial, which caused an undesirable effect for the defendant. This type of appeal may only take into account those issues that were originally raised in trial. Issues not raised in the original trial may not be considered
2. A writ of certiorari, usually issued by the Supreme Court, is an order by a higher court directing a lower court to send record of a case for review. This type of appeal is not a matter of right, will have to be petitioned for, and is almost always issued by the higher court on a limited basis.
3. A writ of habeas corpus is the last opportunity for the defendant to appeal a guilty conviction. Habeas corpus are often used if a defendant is unsatisfied with the outcome of his appeal and has been refused (or did not pursue) a writ of certiorari. The defendant may petition one of several courts for a writ of habeas corpus. Habeas corpus is granted at the discretion of the court and requires a petition.
Your Ideal Criminal Appeals Defense Lawyer
For the best possible outcome in your criminal appeals case, you should select a Florida defense lawyer who is experienced at handling a variety of criminal appeals matters, and has a successful track record of:
1. Reversal of convictions,
2. Motions to revise or revoke sentences,
3. Motions to expunge criminal records, and
4. Motions for a new trial.
Above all, your ideal criminal defense lawyer should do whatever it takes to overturn your verdict, challenge your conviction or reduce the sentence for your conviction.
If you or someone you know has been unjustly convicted of a crime, there are a number of options open to you; but you must act now, because there are strict time limits on Criminal Appeals. You need an experienced criminal appeals lawyer working on your side to guide you, step by step, through the criminal appeals process.
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