Facing serious jail time is one of the most terrifying, daunting, life-changing experiences one can have. Too often today’s criminal justice system swallows up the innocent or hands down sentences far outweighing the crime. If you’ve been unjustly sentenced to excessive jail time, unfairly restrictive probation, or expensive fines, you still have a chance to fight back. The United States appeal process is specifically designated to rectify miscarriages of justice, especially in cases where the ruling includes imprisonment. Here’s what you need to know about seeking an appeal.
Understanding the Appeals Process: Qualifications
The appeal process is not just for disputing a dissatisfactory outcome for your case. The appeals court reviews your case objectively, seeking only errors of law. This includes a verdict passed down in part due to a misinterpretation of law or inclusion evidence that should have been excluded. Erroneous or inconclusive lab results, false statements made by witnesses, and perjury.
An appeal differs from a trial in that it is only a review of the court’s application of the law. There is no jury or presentation of witnesses or other forms of evidence, unless relevant to the appeal. During this process, several judges may review the facts of your case and trial to verify or reject the initial sentence.
If an appeals court reviews your case and determines the sentence is the result of legal error, it has the power to reverse the ruling. During your appeal, the court will review briefs provided by both prosecutors and your criminal defense team. Both sides may also be given the opportunity to provide an oral argument, at which case your defense attorney will present the grounds of your appeal.
If successful, all or part of your sentence may be dismissed. If unsuccessful, you may be able to file further appeals, but the number of total appeals may be limited. Your case may be appealed up to the U.S. Supreme Court only in cases that raise some sort of federal or constitutional issue.
Hiring a Criminal Defense Firm in Miami Beach for Your Appeal
If you believe your case qualifies for an appeal, having the best possible criminal defense firm on your side is crucial. They must have the knowledge and experience necessary for reviewing your case to determine who to approach in appeals court on your behalf. Because the appeal process is not a secondary trial, your Florida criminal defense lawyer needs to be confident in their ability to properly argue the specific laws involved in your case.
There is no guarantee your lawyer will be able to speak on your behalf, as so, the appellate brief they present to the court must be solid enough to stand on its own. When you trust the Law Office of Carlos A. Canet, PA with your appeal, you can rest assured that we will fight for your freedom in any way we can. With over 30 years of experience, we will comb through the legal aspects of your case to find any precedent for appeal we can, keeping you informed every step of the way. For a free consultation and to begin the appeals process today, contact us now.