Appeal Lawyers Tampa FL
What Is a Criminal Appeal?
An appeal is a formal request to ask the court to re-assess their decision after a case has concluded. The “losing” party usually files an appeal when they believe that they did not receive a fair court decision following a criminal or civil case. The defendant might choose to hire appeal lawyers in Tampa FL to request the court to reconsider the original case’s decision. Damien McKinney of The McKinney Law Group is an appeals lawyer who may be able to help you if you were unfairly convicted. He offers a free consultation to those who believe they may have grounds for an appeal. Call us today to schedule an appointment. If you are currently incarcerated, he can speak to you by phone or possibly visit you, depending on your circumstances.
The Legal Process of an Appeal
Once the judge’s final decision is sent to the parties involved in the initial trial, appeal lawyers in Tampa FL representing either side may file an appeal before an appointed deadline. If the appeal is not requested before then, the court will deny the request and the original decision will be final. The wait for an appeal to reach the court of appeals is not a quick process; it generally takes around a year to reassess the case.
If the process moves forward, the appeal attorney must present compelling information to the court of appeals and request that they overturn the initial court’s decision. The appeal lawyers in Tampa FL must prove that a mistake was made or that they have new and compelling evidence that would have resulted in a different outcome had it been presented during the first trial.
- During the appeal hearing, there are no witnesses or third parties present; it is only the attorney, court of appeals, and the judge.
- The judge will ask the appeal lawyers in Tampa FL questions about mistakes that may have been made during the original trial.
- The judge will then review the case and any new information that was presented and make their judgment as to whether or not to overturn the original decision.
If one has been charged with a felony or sentenced to jail time following a court trial, the defendant may file an appeal with the help of appeal lawyers in Tampa FL.
- Although all criminal defendants have the right to petition for an appeal, it does not happen automatically, nor is the court obligated to approve the appeal request.
- Defendants who have pleaded guilty or no contest will have their request for an appeal denied.
- Once the notice of appeal is filed in appellate court, the defendant’s appeal lawyers in Tampa FL will order a transcript of the initial trial from the court reporter.
- The defendant’s appeal lawyers in Tampa FL will then review the official trial transcript and identify any mistakes that occurred during the trial.
- It is important to remember that filing for a criminal appeal is not a retrial, and criminal appeals tend to be less successful than appeals for other cases such as lawsuits.
If you may be in need of appeal lawyers Tampa FL community members turn to for justice, call Damien McKinney of The McKinney Law Group for a free consultation.