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.
*In my personal experience, I remember one case when the primary trial concluded with a plea of guilty and involved a long term of incarceration. In my capacity as the defense attorney at the appeal, I was able to obtain a reversal of the defendant's conviction for the reason that the federal judge failed to explain the minimum and maximum sentence faced by my client; the defendant in the case.
This case illustrates how important it is to review every aspect of the record as well as trial transcripts, examining all options for a successful appeal even in a case such as one involving a guilty plea.
I have handled a vast amount of appeals over the years in the federal and state courts. Contact my office and I’ll be happy to help you if you face this type of situation, or a similar circumstance.
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.
To view another video that goes into further detail regarding the Appeals Progression in the Criminal Law Process, the types of Courts involved and more, click here
To read further about The Criminal Defense Firm of Michael B. Cohen, Esq., Court Experience You Can Count On, and the full range of Criminal Law Processes click here.
Or call Mr. Cohen at: 954.928.0059 in Dade and Broward Counties or 561.366.8200 in the Palm Beaches.