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Understanding the Florida Criminal Appeals Process: A Guide from Brunvand & Wise Law Group
If you’ve been convicted of a crime in Tampa, Florida, you may feel like there is nowhere left to turn. However, it’s important to know that a criminal conviction does not have to be the final word in your case. In Florida, you have the right to appeal, which is a legal process intended to review potential errors made during a trial. At Brunvand & Wise Law Group, our experienced criminal defense attorneys stand ready to help you determine if an appeal is the right next step for your situation. Below, we provide an overview of how the Florida appeals process works and how our team can help.
What Is an Appeal?
An appeal is a formal request to a higher court to review the decision of a lower court. In Florida’s criminal justice system, the first step in appealing a conviction is typically to file a Notice of Appeal with the proper appellate court. This must be done within strict deadlines—usually within 30 days of the final judgment or sentencing. Missing these deadlines can result in losing your opportunity to appeal. That’s why working with skilled legal counsel, such as Brunvand & Wise Law Group, is critical to protecting your rights.
Grounds for Appeal
To succeed on appeal, you must typically demonstrate that a significant error affected the outcome of your trial. Errors may arise from improper rulings on evidence, issues with jury instructions, prosecutorial misconduct, or improper interpretation and application of the law. Appellate courts do not hear new witnesses or consider new evidence. Instead, they review the trial court’s record (transcripts, evidence admitted at trial, etc.) to determine whether legal mistakes were made.
Common grounds for appeal include:
- Errors in Admitting or Excluding Evidence: If the trial court admitted evidence that should have been excluded, or refused to admit evidence that might have helped your defense.
- Incorrect Jury Instructions: If the jury received inaccurate or incomplete instructions about the laws that apply to the case.
- Ineffective Assistance of Counsel: If you believe your trial attorney did not effectively represent your interests, violating your constitutional right to competent counsel.
- Prosecutorial Misconduct: If the prosecution engaged in inappropriate behavior that might have prejudiced the jury against you.
The Appellate Process in Florida
- Filing a Notice of Appeal: This is the first step. It is a short document filed with the trial court, declaring your intention to seek appellate review.
- Preparing the Record on Appeal: The record includes trial transcripts, evidence, and any other documentation relevant to your case.
- Writing and Filing Briefs: Both parties submit written briefs. Your appellate attorney will craft a detailed argument explaining how mistakes were made during your trial and why a new trial or alternative relief is justified.
- Oral Argument (In Some Cases): Depending on the complexity of the issues, the appellate court may schedule oral arguments. Your attorney and the prosecutor will each have an opportunity to present arguments and answer the judges’ questions.
- Appellate Court Decision: The court may uphold the conviction, reverse it, or send the case back to the lower court for a new trial or resentencing.
How Brunvand & Wise Law Group Can Help
At Brunvand & Wise Law Group, our Tampa criminal defense attorneys understand the complex legal issues and tight deadlines involved in Florida appeals. We will conduct a thorough review of your trial record, research relevant case law, and craft the strongest possible argument on your behalf. Appealing a conviction requires a deep understanding of procedural rules and legal precedent, making experienced counsel essential.
Why Choose Brunvand & Wise Law Group in Tampa, Florida
Our firm has years of experience handling post-conviction cases and understands the nuances of Florida criminal law. When you work with us, you benefit from:
- Strategic Insight: We analyze every angle of your case to build a persuasive argument.
- Personalized Attention: We treat each client with empathy and respect, keeping you informed every step of the way.
- Proven Track Record: Our dedicated team has successfully represented clients in a wide range of criminal matters.
Take the Next Step
If you’re facing the aftermath of a criminal conviction in Tampa, Florida, the possibility of an appeal should not be overlooked. The process can be challenging, but with the right legal guidance, you may achieve a more favorable outcome. Contact Brunvand & Wise Law Group today for a confidential consultation. We will help you understand your legal options, assess the strength of your appeal, and work diligently to protect your rights throughout the entire appellate process.
Don’t let a conviction define your future. Reach out to Brunvand & Wise Law Group, Tampa’s trusted criminal defense attorneys, and learn how we can help you fight for a second chance.