An Appeal of a Criminal conviction is when you ask a Higher Court to overturn the finding and or verdict of the Trial Court in your case.
Generally, if you are convicted after a trial or if you plead after losing a Motion to Dismiss or Motion to Suppress, you have 30 days after being sentenced to appeal.
Our Firm, ALEJANDRO RIVERA P.A., a Kissimmee Law Firm, can review your case to help you decide whether you have reasons to file an appeal. Our Job would be to prove Trial Court Errors using Law in Appellate Court.
In our review, we would be looking to see if the Court made an error in your case. The appeal is not for retrying your case, it is to see how the trial court, and judge handled your case and if they made any errors, and that the error(s) was or where significant, and could have caused you to be found Guilty due to the alleged error(s) of the judge and or trial court.
A full analysis of the case from the time that you were charged with your offense, through all the plea stages, and the trial, will be undertaken by our Firm in reviewing and deciding if your case is appropriate for Appeal. And, if we notice that the court did something illegal or something contrary to policy, we can point this out to an Appellate Court on appeal.
A successful appeals decision is especially valuable in:
Proving your innocence
Reducing your sentence or revise a sentence that is unfair
Correcting the courts
Proving evidence was inadmissible but used anyway
Some Examples of Trial Court Errors are:
If you plead guilty, you may only file an appeal if you reserved the right to do so during your plea. So, generally, there is no right to an appeal from a plea of guilty or nolo contendere if the sentence you received was a legal one. An appeal will only help you if the judge did not follow the law, or if you were prevented from properly exercising all your rights.
So, it is not always appropriate to file an appeal.
Also it is important to note that if your case is appealed, the judge may allow your release on bail until a final decision appellate is reached; this is known as a supersedes bond.
Generally, the judge will only do this if he or she believes you have a good reason for appealing and believes you will re-appear in court; however, you do not have an automatic right to bail when appealing.
If you wish to appeal your case, you should contact us as soon as possible. DO NOT WAIT MORE THAN 30 days before deciding to file an appeal. YOU ONLY HAVE 30 DAYS TO FILE THE APPEAL AFTER SENTENCING !!