Miami Criminal Appeals Attorney
Among the constitutional rights we all enjoy is the right to an appeal. An appeal is a review by a higher court to make sure that the judge handling your case did his or her job properly. If the Appellate Court believes that a mistake was made, the Appellate Court has the authority to correct the mistake by ordering a new trial or dismissal of the charges, or by taking whatever steps are necessary to ensure fair treatment in the trial court.
If your case is being heard in the County Court, the appeal will be to a Circuit Judge or panel of Circuit Judges in your community. If your case was originally heard in the Circuit Court, an appeal will be to a panel of three judges at the District Court of Appeals. Reach out to the Miami criminal appeals attorneys at Asilia Law Firm, P.A. to learn more.
Overview of the Process
The criminal appeals process consists of multiple states, including the following:
- Notice of appeal. The process typically begins with the filing of a Notice of Appeal by the defendant or their attorney. This document informs the court and other parties involved that the defendant intends to appeal the conviction or sentence.
- Record on appeal. Once the Notice of Appeal is filed, the trial court clerk prepares the record on appeal. This record includes transcripts of court proceedings, exhibits, motions, and other relevant documents from the trial court.
- Both the appellant (the person appealing the conviction) and the appellee (usually the prosecution) submit written briefs to the appellate court. These briefs outline their legal arguments and cite relevant case law and statutes to support their positions.
- Oral arguments. In some cases, the appellate court may schedule oral arguments where attorneys for both sides have the opportunity to present their case before a panel of appellate judges. This allows for further clarification and argumentation on the issues raised in the briefs.
- Appellate decision. After reviewing the record, briefs, and oral arguments, the appellate court issues a written decision. This decision may affirm the lower court’s judgment, reverse it, or remand the case back to the trial court for further proceedings.
- Further appeals. If either party is dissatisfied with the appellate court’s decision, they may seek further review from a higher court. In Florida, this would typically involve petitioning the Florida Supreme Court, which has the discretion to decide whether or not to hear the case.
Obtaining a Qualified Criminal Lawyer
If you cannot afford to pay for the cost of the appeal, and you otherwise qualify under Florida law, the judge can order the county to pay the costs associated with the preparation of the appeal, including the appellate filing fee. If you wish to have an attorney represent you on the appeal, and you cannot afford an attorney and otherwise qualify under Florida law, you can have an appellate public defender appointed to represent you on the case. Of course, you have the right to choose your own private Florida criminal lawyer to handle the appeal. That attorney can be the same attorney who handled your case in the trial court or you can hire a new attorney to handle the appeal.
It is the responsibility of your trial attorney, whether it is a public defender or a privately retained attorney, to file the appropriate paperwork to perfect the appeal. Therefore, should you desire to have an appeal it is very important that you contact your attorney as soon as possible to inform that attorney of your desire to appeal.
Contact our Miami Criminal Appeals Attorney Today
Many times the area of appellate law becomes very complex. It is suggested that if you had a trial attorney, you immediately contact your trial attorney to discuss the options for appeals. If you did not have an attorney representing you before the trial court, it will be helpful to contact a Miami criminal defense lawyer to discuss criminal appeals without delay.
To learn more about your legal rights and options, please contact Asilia Law Firm today.