Criminal Attorney Experience With Appeals
If you lose your case and disagree with the decision, you always have a right to appeal it if you proceeded through a jury trial. That means that you would have to present your case to another court, one that is it at a “higher” level and has the authority to hear your case. If you lost your case in District Court, you may appeal to Circuit Court. If your case was in Circuit Court you may appeal to the Court of Appeals.
An appeal is a review of the trial court’s application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence.
Grounds For Appeal
Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict. To grant the appeal, the appellate court must find that these errors affected the outcome of the case. If the errors would not have changed the verdict, they are considered harmless. A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself. Jury misconduct includes the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel. Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation. To succeed in an ineffective assistance of counsel claim, a defendant must typically prove that but for their lawyer’s actions, the outcome of the case would have been different.
Court of Appeals
A court of appeals reviews the decisions made by lower courts and must decide whether the decision made by the trial judge stands or should be overturned. The party who loses the case in the lower court often has a right to appeal, and the party does so by submitting a written brief to the court of appeals. The losing party often has to show that the judge made a legal error in reaching the decision or that the jury violated the law in reaching a final judgement. The winning party may also submit a brief defending the decision made by the lower court. The court may or may not choose to hear oral arguments from both sides.
In many jurisdictions, there is a regional court of appeals as well as a national court of appeals. For example, in the United States there is a state court of appeals that is responsible for reviewing cases made in the state lower courts. A federal appellate court, on the other hand, handles cases from lower federal courts. These courts act as intermediaries between a trial court and the highest court in the land. A court of appeals often has to decide on the merits of an appeal, but the highest court may decline to review the case.
Federal Court of Appeals
The Federal Court of Appeals is the appellate court in the United States Federal Court system. The primary function of the Federal Court of Appeals is to review appeals from U.S. District Courts and from cases that involve a Federal agency. Cases in the Federal Court system generally originate in U.S. District Court, as the District Courts are the trial courts of the Federal system. There are 94 separate districts in the District Court system, with at least one district court located in each state and in three territories. The Court of Appeals system is divided into thirteen regional circuits, with the District Courts assigned to a specific regional U.S. Court of Appeals.
The appellate system ensures that people who wish to appeal can do so. A wide variety of decisions can be appealed. People who are convicted of murder and sentenced to death typically appeal, with the goal of being found innocent, or at least to drag out the process to delay the carrying out of the sentence. Appeals are filed by a lawyer or team of lawyers, and experience with the appeals process is very helpful, as it can help to achieve the desired outcome.
Staunch Criminal Defense Advocate in Palm Beach County
As an attorney who got his start in a public defender’s office, experienced Palm Beach County defense attorney Andrew D. Stine has been a strong advocate for the rights and defense of the accused from the very beginning. As a public defender, he fought passionately to defend the rights of men, women, and minors who otherwise had no means of protection or advocacy. This experience taught him the value of individual rights in America and how important it is that they be protected.
When combined with the respect for individual freedom and passion for the Constitution, Andrew Stine gained as a medic for the United States Army, his criminal defense skills and experience make him a formidable opponent – in and out of the court room. He also has an inherent expediency and militant attention to detail from his army days that he proactively uses when constructing defense strategies. With Stine at your side, you can rest assured your case is being fought by someone with your best interests in mind.
An arrest for a misdemeanor offense like petit theft in Delray Beach or a felony offense like aggravated battery in Boca Raton is not the end-all, be-all of your Palm Beach County criminal case. What matters most is how your case is resolved. When considering the criminal defense services of Andrew Stine, it is best to contact him as soon as possible after your arrest so that early intervention can begin immediately. Whether you’ve been charged with a simple case of DUI in Riviera Beach or a domestic assault offense in Wellington, early intervention may be the difference between facing these charges and not having any charges filed at all.
Contact Andrew D Stine for a free consultation. Call 561-832-1170.