After you are convicted of a crime and sentenced, you have a right to file an appeal of your sentence. The law firm of Escobar, Ramirez & Associates, P.A. can help you do just that. We are conveniently located in Tampa, Florida.
If you were convicted as a result of a guilty plea, you may have to ask for leave or permission to appeal the conviction. If your conviction resulted from a jury verdict following a trial, you have an absolute right to appeal. An appeal is not a retrial B it is simply taking a close look of the trial to ensure that all proceedings were conducted in a fair manner and to determine whether any legal error entitles you to a new trial or to have your conviction permanently reversed.
The Appeal Process
Think of appealing a conviction as like watching a sports game in slow motion for the second time. On appeal, the appellate court will review your case and determine if there are any legal errors that entitle you to relief. Perhaps the verdict would have been different if certain errors made during the trial had not occurred. If this is the case, appellate judges make such a determination. They may also find errors that are deemed harmless to the case, which do not affect a conviction or warrant a new trial.
During an appeal, the parties involved will submit written briefs to the appellate court. They will also submit a record of the proceedings in the trial court, including a copy of trial court transcript and any exhibits that were used at trial. If oral arguments are scheduled, they focus primarily on legal issues.
What Errors Could Have Occurred at My Trial?
The following are different types of legal error that can be found during the appeal:
- Fundamental error. These errors go to the heart of the case. Even if the appellant fails to properly raise the issue in the trial court, the court can consider this kind of error in the interest of justice.
- Harmful error. This error is one that is considered to have a probable impact on the outcome of the trial.
- Harmless error. This error is deemed to have no effect on the trial's outcome.
- Invited error. This occurs if the appellant asks the trial court to make a ruling which is actually erroneous. If this occurs, the appellant cannot later appeal the trial court's decision on the basis of that error.
- Reversible error. This error causes the appellate court to overturn the lower courts rulings.
Speak with one of our attorneys 24 hours a day, 7 days a week. They can answer your questions about direct criminal appeals.
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