Appeals Lawyer in Miami, FL Making Difficult Situations Right
Being convicted of a crime can feel like the ultimate low point in your life. The fallout from a conviction isn’t just limited to the immediate aftermath either. Many convicted individuals struggle with the long-term effects of their convictions. This includes difficulties finding employment or housing due to their criminal record, even if they have served their sentence. The stigma associated with having been convicted of a crime can follow them for years afterward and make it difficult for them to move forward with their lives in a positive way.
For those who feel that they were wrongfully convicted or that the sentence given was unjust, there may be an opportunity for an appeal. With the help of an experienced attorney who focuses on criminal appeals, it may be possible to get relief from the court and have the conviction overturned or modified. This could make all the difference in getting back on track after a conviction and reducing any lingering stress or anxiety that comes with it.
An appeals lawyer in Miami can provide guidance on how best to pursue an appeal and what type of evidence might be needed in order to do so successfully. By challenging any errors or unfairness in a conviction and sentencing, Piotrowski Law can help you take some sense of control back into your hands. Call us today at 305-204-5000 for an initial case evaluation with our team.
What is a Criminal Appeal?
A criminal appeal is a procedure that gives someone who has been found guilty of a crime the chance to contest their conviction or penalty. This happens in Florida when the defendant appeals a case to the Court of Appeals within 30 days of receiving a sentence. The appeals court will evaluate the case to see whether there were any errors that may have changed the verdict during the trial. The verdict or penalty may be overturned or modified if they discover mistakes or omissions. Our team will evaluate your case initially and then provide information regarding all available options to you. You can trust us to assist you in moving forward and overcoming this phase of life.
What is the Standard of Review?
When a criminal case is appealed in the state of Florida, the reviewing court looks at the decision made by the trial court and makes its own ruling based on certain standards of review. In order to determine whether an error was made during a criminal trial, it’s important to understand what appellate courts deem to be an error worthy of overturning or affirming a previous ruling.
In Florida, there are three main appellate standards of review that may be applied when determining errors in a criminal trial: de novo review, clear error review, and abuse of discretion review.
De novo review involves an independent reexamination of all evidence presented in the case without any presumption as to how the prior court ruled. This type of review is reserved for cases where questions exist about legal issues or questions of law. For example, if there were legal problems with how the jury instructions were given during a trial, a de novo review could be ordered by the higher court.
Clear error reviews involve questions about facts that have been proven in court and whether the lower court misapplied them when making its decision. If there is conflicting evidence that has been presented in a case and one party believes it should have been credited more heavily than another party claims it should have been credited, this would fall under a clear error review. The reviewing court must determine if there is clear evidence to support either side’s argument before making its decision on whether or not there was an actual error made at trial.
Lastly, abuse of discretion reviews involve appeals from decisions made by judges related to sentencing or other matters outside the scope of factual findings or legal interpretation. When determining whether a judge abused their discretion regarding sentencing or other rulings outside factual proceedings, such as pre-trial motions, appellate courts will ask if reasonable people could disagree as to how the judge acted when making their ruling. If so, then it is unlikely that the judge abused their discretion, and their ruling will usually be affirmed by higher courts.
Our team helps you understand the terms of appeals and will work tirelessly to get your criminal conviction or sentencing overturned.
What are Common Reasons an Appeal Gets Denied?
Appeals are typically denied for several reasons. The most common reason is that the appellate court finds that the trial court made no error or misapplication of the law in the original ruling and so upholds it as valid. Appeals may also be denied because of procedural errors such as failure to file an appeal within a certain time limit, failure to properly preserve issues for review on appeal, or simply lack of merit to the claim of error. Additionally, appeals may be denied due to insufficient evidence presented at trial or by not providing meaningful arguments before the appellate court. Our aim is to build a solid case to bring before the appellate court and fight for your rights. Get in touch with our law firm as soon as possible to position yourself for success.
How Can an Appeals Lawyer in Miami Help Me?
If you have been convicted of a crime in Florida, you may be able to appeal your conviction with the help of an appeals lawyer in Miami. An experienced appeals attorney can review your case and help determine if there are any grounds on which to base an appeal. The appeals process is intricate and requires specific knowledge of the particular laws that govern criminal cases in Florida. Piotrowski Law can guide you through this challenging time, one step at a time. Call us today at 305-204-5000 for an initial case evaluation with our team.