Fort Lauderdale Criminal Appeals Lawyer
Whether you have been charged with assault, a theft crime, or another criminal offense, you may want to appeal the decision made in your case. The appellate court is the one that handles criminal appeals, and the rules and procedures differ greatly from trial court. If you have been wrongfully convicted and want to appeal your case, it is crucial that you work with a Fort Lauderdale criminal appeals lawyer that can explain the process and give you the best chance of a successful outcome.
What is an Appeal?
Unlike many people think, an appeal is not a total redo of your trial. Instead, the appellate court will review your case and determine if an error was made. For example, the judge that oversaw a trial may have misinterpreted the law, or the defense counsel may have shown incompetence.
Another misconception with appellate law is that if you win your appeal, you also win your case, but that is not true. Appeals have a number of different outcomes if it is found an error was made in your case. While your case may be dismissed, a new trial date may also be set, in which case you will be retried for the criminal offense.
Strategies Used in Criminal Appeals
If you have been convicted of a crime, you only have a limited time to try and overturn the verdict. Generally speaking, there are two different strategies used in criminal appeals. These are as follows:
- A simple appeal: If you choose the route of a simple appeal, a Fort Lauderdale criminal appeals lawyer will review the transcript of your trial and focus their case on those documents alone. The lawyer will look for legal precedents that justify overturning the original verdict. For example, a criminal appeals lawyer may argue that the jury was not given instruction to weigh certain evidence heavily enough.
- A habeas corpus petition: An appeal based on a habeas corpus petition argues that all the evidence important to your case was not presented during the original trial. For example, a criminal appeals lawyer may argue that your defense lawyer did not introduce evidence that would have exonerated you. While both types of appeals require an investigation, one involving a habeas corpus petition requires one that is more thorough, as a criminal appeals lawyer will have to consider more than just the transcript from the original trial.
After reviewing the facts of your case, your Fort Lauderdale criminal appeals lawyer will determine which best strategy is best for you.
Our Fort Lauderdale Criminal Appeals Lawyer Can Advise on Your Appeal
If you have been convicted of a crime and you believe it was due to a mistake made during your trial, Fort Lauderdale criminal appeals lawyer Kevin J. Kulik can advise on your case and give you the best chance of a successful outcome. Call us today at 954-761-9411 or fill out our online form to schedule a free consultation and to learn more about how we can help with your appeal.
