Appeals in The State Of Florida
Why you need a lawyer
Every defendant is entitled to an appeal after and sometimes prior to a conviction. There are many types of appeals; interlocutory appeals which are appeals that can be filed before a conviction is rendered can be filed in some circumstances both by the state or government and the defense; after a motion to suppress is granted for a defendant the government has a right to appeal on an interlocutory basis; on the other hand if a defendant is being held without bond and his speedy trial rights are being violated a defendant may also file an interlocutory appeal;appeals may also be filed if the state or federal court of first instance denies bond; appeals can also be filed for bond pending appeal after a conviction in the trial court.
It is important for an attorney to know the standards of review for different appeals as well as being conversant with the legal rules for evidentiary rulings, jury instructions, findings of fact, sentencing appeal issues, whether or not the evidence below was sufficient to convict, rules relating to guilty pleas and suppression motions, as well as the doctrine of harmless error and plain error; all of these issues can be litigated on an appeal;
Likewise issues involving prosecutable conduct, Brady violations ( based upon the failure of the prosecution to disclose favorable evidence prior to trial), Batson challenges during jury selection (based upon racial discrimination), the sufficiency of the Indictment,the cumulative effect of trial errors and spillover effect in such situations, appellate issues involving the Jencks Act (which allows the government to withhold reports of witnesses until they have testified on direct examination), jury selection issues and the right to effective assistance of counsel both at trial on direct appeal and in collateral attacks under 28 USC section 2254 and 2255 proceedings are also frequently litigated appellate issues. Or the important issues involving time limitations for filing appeals an briefs are equally important.
Michael B. Cohen , PA is equally conversant with both trial and appellate rules for the benefit of our clients.
Zealous Defense Of Your Constitutional Rights
When you need an experienced and committed defense lawyer you can trust in Central or Southern Florida,
contact the criminal defense law firm of Michael B. Cohen, P.A. online or call 954-928-0059.
