Procedural and legal errors can occur during a criminal trial which are grounds for an appeal. Retaining an experienced counsel familiar with both the federal appeals and Florida appeals in Miami is prudent and vital in the appeals process. Mark Eiglarsh's Law Offices can examine your case and explain your post-conviction relief options. A criminal conviction is among the most arduous experiences a person may face in their life, and it's important to know what legal remedy options are available.
Once a lower tribunal in a civil or criminal case has rendered a ruling, any party that does not agree with the ruling can seek to have a higher court review the decision. This process is what's referred to as an appeal or the appellate process, and will usually require an attorney experienced in appeals. You have a Constitutional right to appeal a ruling in the United States as well as in the State of Florida.
The appeals process begins by filing a "notice of appeal", which is the document that a person has to file with the trial court to initiate and pursue an appeal. A person usually has at least 30 days, but this could be different.
The appeals process may take considerable time. You have to prepare transcripts of the original hearings or trial. All sides are preparing and submitting briefs and brief responses. Once all the information for the appeal has been prepared it is assigned for review and consideration to a panel comprised of a trio of judges. Before the panel issues a decision, there is also the possibility of an oral argument and there may be motions made after a decision, such as a motion for another hearing.
The term post-conviction relief is one that relates to a series of legal remedies available for numerous convictions during the appeals process. These include Apprendi cases, post-conviction motions, changes of a plea, motions for a new trial, writs of prohibition, sentence appeals, sentence modifications, writs of certiorari, writs of habeas corpus, and writs of mandamus.
Each of the writs differs significantly. Writs of habeas corpus, for example, is a remedy to ensure that persons who are either imprisoned or detained are released by judicial order. A writ of habeas corpus properly issued supersedes all other writs.
An appeal tribunal can dismiss an appeal if it is a non-appealable order that can be verified by your appeal lawyer. The highest appeal courts, like the Florida Supreme Court, have the wide discretion to decide which cases they want to take on. There are only a few types of orders that require review by the Florida Supreme Court.
The general information provided above about federal appeals and Florida appeals in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.