Appeals Process

Understanding The Appeals Process

Every night, on at least one or more networks, there is at least one show concerning criminal cases. The lawyers on screen make it look so easy, with a judgment, right or wrong, delivered in under an hour. In reality, this is not always the case, especially when it comes to the judge’s final decision and sentencing. What you hardly ever see on television is the sentenced party making the attempt to get the decision and sentencing reversed through the legal process known as appeals and that is what we will be discussing here today.

Want to know more about your rights under the appeals process? Call the Law Office of Philip Averbuck today. Philip Averbuck is one of the most skilled criminal defense lawyers in all of Florida and has the answers you are looking for.

Grounds for Appeal

If you are charged under criminal law, you have the right to the best defense possible. Unfortunately, not everyone will emerge triumphant. Sometimes, you may be convicted in spite of a stellar defense. You also have the right to make an appeal to have that judgment overturned. This is fairly easy to do but certain circumstances must be met before your defense lawyer may do so.

In order to meet the requirements of the appeals process, there has to have been some element of your case that can be called into question as to whether it had been handled properly during the trial. This could be anything from false testimony from a witness, to a lack of evidence proving that you were indeed the criminal responsible for the crime. If you and your defense attorney believe that an error was made during the trial that could reverse the decision, it must be found and documented in order to satisfy the grounds for appeal.

Notice of Appeal

The next step is for your lawyer to draft and file a notice of appeal. This lets the trial court, and the prosecuting parties that you believe the result to be in error and that you want to appeal the verdict. This must be done within a certain amount of time, under the laws of your state, usually within thirty to sixty days. If it is not done in time, you could be banned from ever filing an appeal on that case again, meaning that your judgment will stand and there is nothing you can do about it.

Appellate court

Once the appeal is filed, you will not be going back to the court your original trial took place. Instead, appeals are handled within a special jurisdiction of court process called the appellate court. This court will schedule a hearing so that your case may be proven before another judge. The important thing to remember is that this process takes time, sometime as much as a year or more before it is finished, but it will be done, one way or another.