Have you been convicted of a crime? If so, do you feel that you may have been unjustly convicted? If that is your situation, then you may be able to file an appeal to a higher court. The process of criminal appeals is a very complicated process which can be drawn out at length in the courts, but can result in a conviction being overturned or nullified.
A proper defense attorney can use the facts of your case to work towards a successful appeal. If you believe that you may be in need of an appeal, you need to contact a defense attorney as soon as possible to get started on the process. Your actions at this point can determine your future.
Attorney Evan A. Hoffman has more than 17 years of experience both as a prosecutor and as a defense attorney. He knows both sides of the judicial process and can use this knowledge to your benefit. Throughout his many years as a practicing attorney, Evan A. Hoffman has presented countless cases in front of a jury.
If you were previously convicted of a criminal offense, and feel like you the outcome was unjust, call The Hoffman Firm at (305) 249-0090. This may be one of the most important decisions you make in your life. This accepts individuals from Miami, North Miami, and most surrounding regions.
- What is a criminal appeal?
- Who is eligible to appeal a criminal conviction?
- Where is there more information on the appellate process?
What is a criminal appeal?
A criminal appeal is a process allowing convicted felons to challenge a previous conviction by a jury trial or bench trial. It is an opportunity for the convicted party to present any issues which he or she may believe were not addressed or that were mishandled at trial.
The panel to which a criminal appeal must be presented will be determined by the district in which the trial occurred and the charges presented by the prosecution.
Typically, in the event that a petitioner’s request for appeal is denied, he or she can ask for a review from a higher court; however, these higher courts are not required to accept this request for an appeal.
Who is eligible to appeal a criminal conviction?
Most appeals are based a defendant’s case where any combination of the following has occurred:
- Evidence was improperly collected
- The chain of evidence was corrupted
- Evidence was tampered with or improperly processed
- Evidence and or testimony was allowed in court which should not have been allowed
- False testimony was given
- Defense attorney did not properly represent their client
- A judge read incorrect instructions to the jury
- Potential jury/juror bias or conflict of interest
- A judge or persecutor involved in the case having been found guilty of misconduct in office
- Evidence provided during trial was not sufficient to convict
- Evidence was not allowed or presented in court that may have affected the outcome
- New evidence has been discovered which may prove the innocence of the person convicted
- Improper coercion was made toward the defendant by their attorney or prosecutors
These things and many others can be the potential basis for an Appeal.
Having a good attorney working for you is the best way to make sure that any and all Appeals are filed on your behalf, and that they are filed and pursued properly. You only have Thirty (30) days in which to file an Appeal after receiving a conviction, so you have no time to waste in seeking an attorney with the experience and a solid track in getting cases overturned on Appeal.
Florida Bar- The Florida Bar organization provides a detailed list of Florida’s rule of appellate procedure.
Florida Courts- This site provides a detailed map of district courts throughout the state of Florida, and a summary of jurisdiction.
South Florida Criminal Attorney Evan Hoffman can review your case and see if an appeal can be made, and if so, he can make it on your behalf. If you’ve been convicted of a crime, you have nothing to lose by filing an appeal. Don’t be foolish and waste valuable time that Mr. Hoffman and his team of experts can use to work towards getting your conviction overturned through an appeal.
Mr. Hoffman offers free consultations to anyone seeking his services. Give The Hoffman Firm a call today at (305) 249-0090 and see how they can be of service to you. The Hoffman Firm represents clients from Miami-Dade County, Ft. Lauderdale, North Miami, and surrounding counties.