How to Appeal a Criminal Conviction in the Florida Keys

Miami FL

04 January, 2021

2:48 PM

Description

Being convicted of a crime in the Florida Keys can have a wealth of implications on your future. Unfortunately, wrongful convictions do occur and there are some instances in which you might be able to appeal your conviction and have your case sent back to trial. When you appeal a case, the appeals court is essentially ensuring that the trial court correctly applied the law and followed all of the procedures as they should have. It’s important to note that successfully appealing a criminal conviction does not mean that you’re considered not guilty; it simply means that your case will have to go back to trial to be re-heard and re-judged by a jury of your peers. Below, we review the appeals process so you can adequately prepare for the road that lies ahead. Initiating and Proving Grounds for an Appeal In Florida, the appeals process is initiated when your defense attorney files a Notice of Appeal. In order to file this appeal, your attorney will include the trial transcript and court records to determine whether an error occurred during the trial. At that point, the prosecution and the defense will each file written briefs to either challenge or uphold the trial court’s decision. Whatever the appellate court decides will be binding over the case. In order to file an appeal in the first place, either the defense or the prosecution must be able to show that there was an error of law made throughout the trial process. This is certainly easier said than done, as most courts are reluctant to state that a fellow judge erred when making their decision to convict in a criminal case. The attorneys have to show that the errors made during trial were significant enough to have possibly altered or unduly influenced the verdict. If the errors are considered harmless, then the appeals court will not overturn the conviction. As such, your attorney must make a compelling argument that the trial court’s error created prejudice and led to your criminal conviction. Possible grounds for an appeal include legal errors, juror misconduct, and ineffective assistance of counsel. For example, if you’ve decided to hire a new defense attorney because you were unsatisfied with your prior attorney’s performance, your new attorney would likely have the opportunity to file an appeal. Some valid reasons for filing an appeal include: Improperly admitted or excluded evidence Incorrect jury instructionsJury misconduct, including substance abuse during trialBias during jury selection processInadequate representation What Happens Next If the appeals court determines that the trial court did not commit any errors, then the case is closed unless your attorney decides to appeal to a higher court. If, however, your appeal is successful, then you will have a second chance at presenting your case before a trial court. In some cases, the appeals judge may decide to simply modify or alter the judgement; in others, they will instruct the trial court to follow new guidelines or admit new evidence. Either way, a successful appeal represents a thrilling second chance for your conviction.