When there have been procedural errors, misconduct or serious errors related to points of law, these must be fully exposed in the appeal, with all supporting case law. Many attorneys are not willing to do the research and will avoid the appeals process.
Our Tampa criminal defense attorneys have outstanding resources to research and represent criminal appeal cases. Righting a wrongful conviction is an important matter, and we are proud to represent our clients in the appeals process and in ensuring that our legal system functions fairly, and those who make errors, or commit legal malpractice by failing to correctly and energetically defend clients.
An appeal is a judicial proceeding. Simply put, when an unfavorable decision is made by a judge or jury, the defendant has the right to make an appeal. An appeal asks the court to re-evaluate their case. Under the U.S. Constitution, individuals have the right to appeal decisions made by judges and juries. If you have been found guilty of a crime, you have the right to appeal your case in court.
During an appeal, the evidence surrounding a given case will not be re-evaluated. Instead, the decision making process that led the judge or jury to decide against you will be measured to make sure that it was fair. In order to file an appeal, you must be aggrieved. Aggrieved refers to any situation in which a decision has been made against you that affects you legal rights.
When the criminal justice system doesn't function properly, innocent individuals can be convicted of a crime that they had no responsibility in committing. Such cases demand that an appeal be filed to right the wrong that has taken place. Many attorneys are not willing to take the time and effort to handle an appeal, as it takes extensive research and a careful and complete drafting of the case outlining every error and failure to follow the restrictions of the law to successfully get an appeal. Our legal team is very qualified in the appeals process and can assist clients who have suffered wrongful conviction or have been penalized unfairly by the court.
The drafting of an appeal is a difficult process. Every aspect of the court trial must be scrutinized and exposed as it relates to violating the rights of the client. In some cases it has been discovered that crucial defense evidence was wrongfully suppressed, or even worse, the evidence was hidden from the defense lawyer. Other cases have proven jury misconduct, or the judge unfairly ruling that evidence cannot be brought to court that could have exonerated our client. No matter what the circumstances are of your case, we can address the matter professionally and with the necessary skill and research to file a compelling case for the appeal, seeking to overturn a wrongful conviction.