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Tag Archives: appeals

Florida Criminal Sentencing and Departures: Part II the Appeal

Florida Criminal Sentencing and Departures: Part II the Appeal

In the first part of this blog, Florida Criminal Sentencing and Departures, we learned the laws and policies at the trial court level, as it relates to trial judges departing from the Florida criminal sentencing guidelines. The second part of the blog will now discuss the appellate process and how the appeals courts review the departed sentence from the lower court. If the lower court, also known as the sentencing court, downward departs on a criminal sentence the State of Florida through the Office of the State Attorney, for the county in which the crime occurred, will likely appeal the lower court’s ruling to depart to the District Court of Appeals. The principle behind this appeal is set out in the separation of powers of the Florida and United States… […]

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Update: Andrew D. Stine and Michael Kagdis Team Up to Appeal Felony Drug Charge

Update: Andrew D. Stine and Michael Kagdis Team Up to Appeal Felony Drug Charge

Criminal defense lawyer Andrew D. Stine represented Michael Kagdis last year in a case involving drug charges, a confidential informant, and a potential illegal search and seizure. After Stine made his closing arguments in April 2011, Kagdis was acquitted of three of four felony drug charges. Now, Stine and his client Kagdis are appealing the final drug charge on account that the evidence found should be suppressed because it was the fruit of an illegal search and seizure. The Arrest Michael Kagdis was arrested on Aug. 14, 2009 after police searched his Midtown apartment and vehicle, finding both cocaine and and Roxycodone pills. Kagdis testified that his friend, the confidential informant in the case, had set him up. After an investigation, police found a plate of cocaine under her bed… […]

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Appeals in Criminal Law

Appeals in Criminal Law

In law, an appeal is a process for requesting a formal change to an official decision. An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, or procedure (in the United States, due process). In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts. Criminal law states that any criminal convicted of a crime can opt for a criminal appeal. An appeal is something that is filed to determine whether or not… […]

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