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CRIMINAL DEFENSE

Appeals

Orlando Criminal Appeals Lawyer

An appeal typically begins with filing a notice of appeal in the trial court. The party appealing -- known as the "appellant" -- must also designate an appellate record. The appellate record consists of materials from the trial court that the appellant would like to present to the appellate court and use in appeal.

NeJame Law has skilled and knowledgeable attorneys to handle criminal appeals, either from current clients after the trial phase or new clients with reason to appeal a decision in the lower court.

 

Standards of Appellate Review

 

Appellate courts do not retry cases or hear new evidence. Instead, appellate courts review what occurred in the trial court to see if the proper procedures were followed and the proper law was applied. Because of the limited nature of this review, the issues properly raised on appeal can be significantly different from those that are raised at trial.

The appellate court will usually defer to the trial court or jury on factual issues. However, the appellate court has the final word on what the law is. On issues of law -- for example, the interpretation of a statute or the Constitution -- the appellate court will not defer to the trial court but will instead independently decide the issue.

On an appeal after a pre-trial dismissal -- for example, after a summary judgment motion, the appellate court will usually review the materials and independently decide whether the case should have been dismissed or whether it should have been allowed to go to trial.

On an appeal from a judgment after a trial, the appellate court will reverse the judgment only if it finds the trial court committed legal errors that were prejudicial during the trial. Examples of such legal errors include the trial court giving bad jury instructions, admitting or excluding certain evidence and failing to follow proper procedures. If the appellate court finds such legal errors, the Court will then determine whether these errors were prejudicial. A legal error is considered prejudicial only if there is some reasonable chance that it was likely to have affected the result in the case. Thus, minor legal errors are usually not grounds for a reversal.

 

Appellate Panel and Oral Argument

 

Appeals are decided by an appellate panel. Usually the appellate panel in an intermediate appellate court consists of three judges chosen randomly from the pool of available appellate judges on the courts. In appeals to state supreme courts and the U.S. Supreme Court, the entire court usually hears the appeal.

Once the briefing is completed, the appellate court may hear oral arguments from the attorneys representing both sides. Not all cases have oral arguments, so it is important to retain an appellate attorney who is skilled in both oral and written argument. The time between the close of briefing and oral argument varies tremendously between different courts. By the time of oral argument, the judges on most appellate courts will have read the briefs and thoroughly considered the issues.

In the federal courts and some state courts, the court may chose to decide a case without the necessity of oral argument. At the close of oral argument the case is submitted to the appellate court for a decision.

 

Decision

 

The appellate panel will usually issue a written opinion explaining why it reached the decision that it did. If the appellate court deems it appropriate, the written opinion will be published in the official reports and will be binding authority for litigants in the future.

 

Review by a Higher Court

 

A party who is dissatisfied with the results on appeal can petition a higher appellate court to review the case. In most states, this would be the state supreme court. In the federal system, it is the U.S. Supreme Court. (If a federal issue is involved, the U.S. Supreme Court can take cases from the state appellate courts.)

With a few exceptions (like death penalty appeals), the state supreme courts and the U.S. Supreme Court are not required to take any particular case; they choose what cases they will decide. Consequently, the petition asking the higher court to take review must be carefully drafted, as the vast majority of cases seeking review from a state Supreme Court are denied.

 

Contact a Criminal Appeal Lawyer from NeJame Law in Orlando, Florida

 

NeJame Law with its principal office in Orlando, has experienced and trained appellate lawyers who can handle all types of appeals. Our lawyers are educated regarding evolving legal issues and are trained to be cognizant and knowledgeable of existing precedent. If you are in need of a Central Florida based Law Firm which handles appellate cases throughout Orlando, the State of Florida and, in certain instances, throughout the United States, please feel free to contact us. You may call us 7 days a week at (407) 245-1232, e-mail us at Defensey@NeJameLaw.com or fill out our online form. We will make certain that you speak to an Orlando appellate attorney from our Law Firm to assist you.

We handle a variety
of cases including:

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  • Driving Under the Influence (DUI)

    If you need an Orlando DUI lawyer NeJame Law can help. Driving under the influence of an alcoholic beverage (DUI), or drunk driving, is a serious offense in Florida. The defense of DUI cases may be challenging and should be handled by highly experienced drunk driving defense lawyers. Each Orlando DUI attorney at NeJame Law has the knowledge and experience required to fight your Florida DUI case. MORE

  • Drug Trafficking

  • Violation of Probation (VOP)

    If you or someone you know have been charged with drug trafficking, drug possession, drug distribution or any other drug-related crime you need to contact an experienced Florida drug defense attorney as soon as possible. The defense team of NeJame Law in Orlando, Central Florida, has the knowledge, skills & experience you need to represent and defend you in court for any drug related offense. MORE

  • Check Fraud

    There are a number of ways that one can find themselves involved with the criminal justice system facing the allegation of 'check fraud.' The attorneys of NeJame Law are here to help. If you have tendered a check to another person or business which 'bounces' or comes back from the bank stamped 'non-sufficient funds ("NSF")' or 'Account Closed' it may be the result of accidental overdraft and oversight OR the State or victim may believe is  MORE

  • Sex Crimes

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  • Appeals

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  • Murder

  • Post Conviction Relief

    A motion for Post Conviction relief is usually a person's last resort to overturn a criminal conviction or be released from prison after a direct appeal has not been successful. An Orlando post conviction attorney from our Law Firm can help you in evaluating whether you have grounds for relief after a trial or after all appeals have been  MORE

  • Driving While License Suspended
    or Revoked (DWLS)

    At NeJame Law we represent people throughout Orlando, Central Florida and the State of Florida who are charged or arrested for driving while license suspended or revoked (DWLSR) (DWLS). Every criminal defense attorney at our Firm realizes how very important having a valid driver's license is and how serious it can be for a client to lose his or her license.  MORE

  • Manslaughter

    If you or someone you know has been arrested for manslaughter, we suggest that you consult with an experienced and aggressive attorney immediately in order to preserve your rights and to give the attorney as much time as possible to investigate the charges.  MORE

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407.245.1232

 

189 South Orange Avenue

Suite 1800

Orlando, Florida 32801

Office 407 245 1232

Fax: 407 245 2980

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