Sentence Reversals and Importation
The conviction of a criminal defendant is normally overturned only if the criminal defense attorney or other lawyer appointed to litigate the appeal has successfully appealed. Not many cases brought to a judicial court will result in sentence reversals. The attorney needs to demonstrate that there was a criminal procedure mistake, a criminal law enforcement error, or a criminal justice administrative error. If the police made a mistake and violated the criminal suspect's civil and/or constitutional rights, the conviction may be reversed. A sentence may also be overturned on appeal if the punishment is found to be unfair, unreasonable, or in breach of legal guidelines.
Appeals judges typically defer to findings from the trial court, especially findings of fact as opposed to legal matters. Lower court rulings are rarely reversed and there is no assurance of a perfect trial, although there are also provisions to compensate for mistakes or oversights. Only if the trial court erred in a way that contributed significantly to the result will an appeal court reverse a culpable verdict.
Unless something goes amiss at the trial level, simply because it is believed the jury's decision is the wrong one, a lawsuit cannot be appealed. Nonetheless, having said that convicted criminals are entitled to contest the verdict (or the appellate court's decision) if there have been mistakes in the facts or points of law, or if there have been issues in the case that are not readily evident. Together, these are known as writs or appeals.
A writ is an order from a higher court mandating a lower court to take action, usually brought in exceptional situations where an appeal is not a viable option. Therefore, while the trial court may not have erred in itself, if the decision is significantly based on some other wrong or fault beyond its immediate control, a writ may be filed.Importation
Florida has remained a popular destination for people attempting to import drugs into the United States. While in recent decades various federal agencies have intensified their efforts to prevent the importation of controlled substances, many people are charged with bringing illegal drugs into the Sunshine State each year.
Importing illegal or prescription drugs from another state or country into Florida may lead to federal charges, as only the federal government has the authority to prosecute suspected offenses committed in international waters or across state lines. When a federal agency investigates a case involving the importation of a controlled substance, investigators will often charge people with engaging in a conspiracy- an offense that is subject to the same penalties as the crime in question, regardless of what role a suspect may have had.
The general information provided above about sentence reversals Miami laws and importation 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.