Have you or a loved one recently got a criminal conviction in Miami? Don’t despair! While your situation may seem hopeless, there are various ways to appeal your case and even walk away from the case! The key here is to be prepared and ensure that you have a reliable and experienced criminal lawyer in Miami as part of your legal counsel. 

 

What is a Criminal Conviction in Miami?

A criminal conviction is a formal judgment of guilt determined by the court. Before the court can formally judge a case, one of two things must occur. First, the defendant must admit to the facts of the crime or express their guilt. Second, the court must provide sufficient evidence to support the defendant’s guilt of the crime. Other terms refer to a criminal conviction based on the defendant’s admission to the crime, including a guilty or no-contest plea.

It should not be confused with Deferred Adjudication Agreements, which stipulate the dismissal of a crime when certain conditions are met. Failure to abide by the agreement on the contract could lead to a criminal conviction in your case.

 

Who Qualifies to Appeal a Criminal Conviction?

Any defendant who is criminally convicted can file for an appeal. The lawyer or any legal representative of the defendant with a criminal conviction can file the appeal on the defendant’s behalf. It is recommended that you discuss how and when to file an appeal with a criminal attorney in Miami, due to the technicalities involved with appeals. Therefore, you need someone with an in-depth understanding of Miami’s criminal laws to file the appeal. 

You can only file an appeal after the conviction at the conclusion of the trial. However, there are instances wherein a defendant can file an appeal before trial occurs. Even defendants who have entered a guilty or no contest plea are still eligible to file an appeal, although the grounds at which they can file that appeal are pretty limited. 

Criminal lawyer hired to make an appeal.

 

How Does the Miami Criminal Conviction Appeal Process Work?

Appealing a criminal conviction in Miami is a complicated process. Some would even argue that the process is more complicated than the actual criminal trial. 

The appellant, or those filing an appeal for a criminal conviction, must follow specific procedures and have proper legal authority to support their appeal claim. In addition, you must provide adequate and properly constructed legal arguments. Any legal documents and evidence need to be gathered into one appellate brief.

The “record on appeal” is another vital component of filing an appeal for a criminal conviction. The record provides a transcription of the court proceedings that led to the criminal conviction. Including a record of the legal proceedings in court is crucial because a defendant isn’t allowed to raise new arguments. Instead, they can only appeal what was addressed in court during the trial.

If you don’t work with an appeal lawyer, refer to the Florida Bar Association’s handbook on filing an appeal. This handbook consists of over 200 pages. The best way to file an appeal is with an experienced criminal attorney in Miami, especially those experienced in filing appeals in Miami.

Once the criminal conviction is announced in court, the defendant only has 30 days to file a direct appeal. Otherwise, you lose the privilege to challenge the conviction. As such, you should consult with an appeal attorney in Miami immediately after the conviction so you have the opportunity to reverse the conviction.

You must start the process by filing a Notice of Appeal in a Miami court. Make sure it is the correct court, and you have to supply copies for the prosecuting attorney and the Attorney General for the State of Florida. In addition to the Notice of Appeal, you have many other legal documents to file, so be sure to work with a trained and experienced attorney because they are knowledgeable on this. 

Process of filing an appeal.

 

Grounds for Appealing a Criminal Conviction in Miami

Knowing the proper grounds for filing an appeal for a criminal conviction is critical to the success of your appeal. You should know the correct grounds to increase the chances that your appeal is honored by the court. 

Here are the most common grounds for appealing a criminal conviction:

  • Ineffective counsel – You can file an appeal if you believe your defense attorney did not provide the legal representation warranted in your case. If your appeal is successful, you might be allowed to hire a new legal team to assist and provide legal counsel.
  • Juror misconduct – Another common ground for an appeal is due to juror misconduct, such as discussing details of the crime with others or doing their investigation on the case. 
  • Prosecutorial misconduct – You can file an appeal when the prosecutor fails to abide by proper conduct during the trial. For example, they presented inadmissible evidence during the trial without checking with the judge. 
  • Excessive sentence – Filing an appeal on a criminal conviction can also be used to re-evaluate the sentence given to the defendant. You can argue that the court imposed a harsher sentence than the Miami law allows. 
  • Error in evidence presentation – Criminal convictions on defendants can be appealed when there is a mistake in presenting evidence in court, especially if specific evidence was not allowed. It also applies when certain evidence was not presented, which could have supported the defendant’s case. 

The above are just some examples of the grounds for filing an appeal. You can discuss with an attorney about other grounds for filing an appeal on a criminal conviction based on the specific nature of your trial or case. 

 

Conclusion

The expertise of an experienced and knowledgeable attorney in Miami can spell the difference between a successful and unsuccessful appeal. Their expertise will guide you in this complicated legal process, ensuring you follow the correct procedures and supply the correct legal documents. The legal expertise of an attorney is an invaluable tool to ensure things work out in your favor.