Courts do not always make the right decisions the first time. When errors are made regarding any criminal matter the consequences can be life shattering. Inaccuracies can change the entire outcome of a case that can lead to punishments that do not fit the crime and innocent people being sent to prison. If serious errors were made in a trial or justice was not wholly served, the defendant has the opportunity to file an appeal that asks a higher court to review and reevaluate the verdict made at trial.
It is important to realize that losing a case does not translate to immediate grounds for an appeal. More than just a retrial, an appeal revisits issues of law that may have been overlooked in a particular case. An appeal can be made if the defendant has reason to believe a sizable error or errors were made during the original trial by the judge, jury or any attorneys involved. Appeals can be granted based on several factors including:
- Positive evidence regarding your case was excluded from trial for improper reasons.
- Negative evidence was admitted when it should not have been allowed.
- The judge or jury applied the incorrect law to your situation.
- The prosecutor or your trial attorney did not argue the facts of your case correctly.
- The jury produced a confused verdict.
- The decided sentence did not fit the crime.
If you wish to file an appeal in Florida State Court, a noticed must be filed within 30 days of sentencing. If this deadline lapses before you decide to file, you lose the right to challenge the verdict.
Florida law governing criminal appeals can be quite complex. The Villages Appellate Lawyers at Whittel & Melton are well-versed in the intricacies associated with criminal appeals including filing, preparing written and oral arguments and drafting and presenting counterarguments. While criminal appeals can be challenging to prevail, if it can be proved that a significant error of law was made, then appellate judges can overturn a previous ruling.
If you were convicted at a trial and justice was not served or you just decided to plead guilty and later recognized it was a mistake, you absolutely have the right to a second chance. For a free assessment of your case, call Whittel & Melton in The Villages at 352-369-5334 as soon as possible or fill out our confidential online consultation form. We're accessible to discuss your case 24 hours a day, seven days a week and every day of the year.