Criminal Appeals in Florida

Understanding the Appeals Process

In the event that the defendant has been convicted of a crime and sentenced, they may still have the opportunity to appeal their case. In a criminal appeal an appellate court will review the decision made by the judge in the trial court. Shepard Law attorneys will look to find errors or issues that could have ultimately caused a negative outcome for the defendant. It is then up to the higher court to determine whether to reverse the lower court's decision.

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What are the grounds for an appeal?

• Legal Error - "Legal errors" involve a significant error in the legal process. Legal errors may include evidence that was submitted improperly or if there was not enough evidence to sustain a conviction. Jurors are an integral part of the legal system, and if they are incorrectly instructed by a judge or if improper evidence is presented for their consideration at trial their verdict may be impermissibly tainted. These issues may be reviewed on appeal by an appellate court.
• Juror Misconduct - If a juror communicated with witnesses, did not follow the judge's instructions, or was not honest during jury selection a criminal conviction may be reversed on appeal.
• Ineffective assistance of counsel - To prove ineffective assistance of counsel, a criminal defendant is required to show that their counsel's performance fell below an objective standard of reasonableness, and that counsel's performance gives rise to a reasonable probability that, if counsel had performed adequately, the result would have been different. Of course it is best to obtain the quality representation from the start of the case so that the defendant does not have to appeal their case result. Having a highly knowledgeable and reliable Panama City criminal lawyer is of the utmost importance when facing criminal accusations.