What Is The Timeframe Someone Has To Appeal?
Generally, thirty (30) days for most direct appeals. Depending on the court and the issue, the time period may be longer or shorter. It is best to know what the time period is before the case concludes.
Who Are The Main Players Involved In The Appeals Process?
On a criminal appeal the “players” normally are the appellate attorneys for the defendant and the State, and a court of appeals panel, usually consisting of a number of appellate judges, who will decide the appeal. In cases that may impact a larger group or class, outside organizations also may file briefs (written documents outlining a legal position and requesting the appellate court rule in a particular way). A group or organization that files such a brief is known as “amicus curiae,” which literally means, “friend of the court.”
What Factors May Lead To An Appellate Court Reversing A Decision?
First, there must be error found in the trial. Secondly, such error must be found to be “harmful,” i.e., that there is a substantial likelihood that the error influenced a jury’s verdict. If so, reversal is likely. While some mistakes that occur during a trial are considered to be “harmless error,” if the law on the subject (the legal precedent) shows that the error is significant, then reversal can occur. Bear in mind that reversal usually does not vindicate the defendant, since the State is free to have a new trial in the case, without whatever caused the error in the first trial.
What Steps Can A Party Take After Losing Their Criminal Case?
If a criminal defendant loses at trial, the trial court will conduct a sentencing hearing. Such a hearing can take place immediately after the jury verdict or be set into the future to allow the parties to present evidence at sentencing. Therefore, it is important to make sure that any mitigating circumstances or witnesses be available for a sentencing hearing to assist the defendant in presenting a persuasive sentencing argument to the trial court. Also, the defendant’s trial attorney may file a motion for a new trial, showing the trial court errors that prevented a fair determination of the evidence by the jury. Even if this motion is denied, it will help the appellate attorney to frame arguments on the defendant’s behalf on the appeal.
Does The Filing Of An Appeal Automatically Stay Execution Of Judgment?
Normally it does not. Since an appeal cannot be taken until the case is final—in the case of a criminal appeal after a sentence is imposed–a defendant generally will begin serving the sentence while the case goes through appeal.
Does Someone Remain In Jail During The Time Their Appeal Is Being Heard?
In certain cases, a person can have an appeal bond posted that will allow them to remain free until the appeal in finalized. It is best to discuss this issue with a trial attorney well in advance of trial.
How Long Does An Appeal Take?
Most non-emergency appeals take many months, if not years.
What Makes Your Firm Unique In How You Handle Appeals?
We provide give the same high level of care and determination to appellate clients that we provide to clients on the trial level. We dedicate ourselves to working tirelessly in determining the issues, finding the case law, and strongly advocating our client’s position, so that our client has the opportunity to see justice prevail on their appeal.
For more information on Timeframe For Appeal In Florida, a free initial consultation is your next best step. Regardless of whether you or your loved one has been arrested in Stuart, Port St. Lucie, Fort Pierce, Vero Beach, Okeechobee, or any area within Martin, St. Lucie, Okeechobee or Indian River counties, attorney T. Charles Shafer is here to provide aggressive, hard working representation.
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