Appeals and Post-Conviction Attorney in West Palm Beach, FL
Being convicted of a crime can make you feel devastated and like your life is over. That is especially the case if you receive a prison sentence.
A conviction is not the end of a criminal case. In fact, you have the right to appeal the court’s ruling to a higher court. The appeal process may result in having your sentence reduced or the case reversed.
For many, post-conviction relief is their last opportunity to fight for their rights. A post-conviction relief acts more like a post-trial motion than an appeal.
However, post-conviction motions can be complicated. Hiring a criminal defense attorney experienced in the field of appellate law is highly recommended.
Post-Conviction and Criminal Appellate Litigation
In Florida, following a bench or jury trial, an individual has a right to file an appeal. You have 30 days from the date of conviction to alert the District Court of Appeals of your intent to pursue an appeal. After an appeal, a circuit court will attend a misdemeanor case from the county court. If appealing a felony conviction from a circuit court, then the district court of appeals will hold an appellate trial.
Bear in mind that no new evidence is brought into an appellate case. On the other hand, a guilty verdict alone doesn’t constitute grounds for an appeal. The point of an appeal is to point out legal errors or misconduct that may have affected the fairness of your trial.
After an appeal, the case can be sent back to the trial court to take corrective action. Also, an entirely new trial can be conducted, or the defendant can be acquitted.
If a request for an appeal was denied, in some cases, the defendant may have the option to file another appeal to the state supreme court.
The defendant can also pursue a post-conviction relief motion. It is typically filed after a lost appeal. If granted, it can result in the defendant being released from custody, have their sentence modified, or receive a new trial.
Different issues can be raised during post-conviction relief, including:
- Ineffective assistance of counsel;
- New DNA or other evidence challenging the case’s outcome;
- Juror or prosecutorial misconduct;
- Evidence of perjury.
How Can Criminal Defense Lawyers Help?
Have you been convicted? Sentenced? It may not be too late to assert your rights and defense. My name is Brian Carroll, and as an appeals and post-conviction attorney, I have experience representing clients who have already been convicted on post-conviction matters. I devote a substantial amount of my practice to criminal appeals and post-conviction matters such as:
- Direct Appeals
- Rule 3.850 Motions
- Rule 3.800 Motions
- Ineffective Assistance of Counsel
- Newly Discovered Evidence
- Prosecutorial Misconduct
- Withdrawing a Plea
- Excessive and Illegal Sentences
Have More Questions on Post-Conviction Motions or Appeals Process? Contact Us Today!
Being convicted or subject to a negative decision by a hearing officer doesn’t have to be the end of a criminal case. Criminal defense attorneys experienced in appellate court can raise multiple issues to question the verdicts. Having an attorney on your side who understands the process can make a significant difference in your case.
If you have more questions, reach out to an appellate lawyer at the Law Offices of Brian M. Carroll, P.A., and schedule a consultation.