Federal Criminal Appeals Lawyer in Florida
You were wrongfully convicted, now what? An experienced federal appeals lawyer can help you reverse a verdict that wasn’t in your favor. Our lawyers at Smith & Eulo are members of the Middle District of Florida and are ready to hear your specific situation to help you with your appeal.
When found guilty of a crime, the next step is to file a petition for appeal. An appeal could potentially reverse your conviction and set you free. However, the Court of Appeals does not consider any new evidence, and will usually overturn the verdict only if there was a misinterpretation of the law based on the facts presented during the trial. The Court of Appeals hears cases from decisions of district courts located in its circuit, appeals from decisions of federal administrative bodies, and appeals of cases of first impression from lower courts.
In a federal criminal case, the defendant may appeal a “guilty” verdict. However, the government cannot appeal a not guilty verdict if a defendant is exonerated at trial. Either party may appeal a sentence imposed after a guilty verdict.
The court of appeals does not review additional evidence. It makes its decision based on the factual findings of the trial. An appellate court’s decision to overturn a lower court’s decision is based solely on inaccuracies found in the trial court proceedings. During the appeal process, a panel of three judges will review the lower court decision. Most appeals are decided based on a review of appellate briefs written by the attorneys for both sides. However in some cases, attorneys on each side will be called in for oral argument before a panel of appellate judges. Therefore, it is important to find an experienced and competent appeals lawyer to file your paperwork correctly. The appeals process is your last chance to have your case reversed.
To be successful in a criminal appeal, the defendant’s constitutional rights must have been violated in some way. Some of these constitutional violations can include abuse of the search and seizure process, failure to read Miranda rights, or illegal search and seizure. You may have a good appeal if the court does not follow the correct procedure in admitting evidence, testimony, or there are legal/factual errors found in the case. Criminal appeals are also filed when there is evidence of jury misconduct or fraud.
A notice of appeal may be filed within thirty days from the date the order you are appealing is filed in the lower court, or thirty days from the date a motion to reverse the time of appeal is filed. See Florida Rule of Criminal Procedure 3.800(a)(4).
A loss at the trial court level does not mean that your case is over. Having an experienced federal criminal appeals lawyer can help overturn your conviction. Here at Smith & Eulo Law Firm, our lawyers have over 20 years of experience handling all types of criminal cases. We do not shy away from difficult cases, and we work with our clients to come up with the best defense strategy for their specific situation.
If you need legal representation in the Orlando, FL area, you should schedule a free consultation with Smith & Eulo Law Firm. We are available 24 hours a day, 7 days a week. Give us a call, or fill out the contact form on this page to get a hold of our experienced attorneys.
We also have offices in Jacksonville, Tampa, Ocala, Lakeland, Daytona Beach and Kissimmee.