The Role Of Criminal Appeal Lawyers In The Justice System

One of the founding principles of the U.S. justice system is that every person convicted of a crime has the right to appeal their conviction and sentence. This crucial procedural safeguard protects every person’s right to a fair hearing and ensures that only those who have been proved guilty through a lawful and procedurally fair trial are punished. However, to take advantage of the right to appeal, it is critical that you have access to an experienced team of criminal appeal lawyers.

What Is A Criminal Appeal?

In criminal law, the person accused of committing a crime is called a defendant. Most crimes are classed either as felonies or misdemeanors, with the former being more serious, often violent crimes, and the latter being less serious offenses. Most criminal appeals concern felonies, as the sentence in misdemeanor cases is usually served before an appeal is even resolved.

Felonies are tried by a hearing in a circuit court. In appellate jargon, this is called the ‘court of first instance’. Cases that are tried in a circuit court may be appealed to one of Florida’s five district courts of appeal (the court appealed to is called an ‘appellate court’). There are two distinct appellate processes in Florida, depending on whether the defendant was charged with a crime under state or federal law: the Florida state criminal appeals process, and the federal criminal appeals process.

In Florida law, there are also two types of appeal: appeals ‘as of right’ or direct appeals; and collateral attacks. Direct appeals are straightforward criminal appeals in which the defendant’s criminal appeal lawyer will challenge their client’s conviction and/or sentence in a higher court. Direct appeals are mandatory, as the higher court must hear the appeal.

In collateral attacks, the defendant’s lawyer brings a post-trial motion in the court in which their client was first tried, requesting that the court reevaluate specific elements of the case. Collateral attacks are discretionary, as the court may refuse to hear them. Whereas direct appeals usually claim wrongful conviction, collateral attacks challenge the legality of the conviction itself, usually on the basis that the defendant’s constitutional or state rights were violated. For example, a defendant might bring a collateral attack based on ineffective assistance of counsel (i.e., they received bad legal advice) or the discovery of new evidence.

Overview Of The Criminal Appeals Process

It’s impossible to understand the vital role that criminal appeal lawyers play without first having a basic grasp of the criminal appeals process.

Notice Of Appeal

Criminal appeals are lodged by filing a ‘notice of appeal’. The time period in which a defendant – now called an appellant – must file their notice of appeal is strictly observed. It is therefore critical that their criminal appeal lawyer ensures that the notice is filed timeously, otherwise the right to appeal will be lost. These time periods differ for Florida state court appeals and Florida federal court appeals, so if you or a loved one have been convicted of a crime, you must seek legal advice as soon as possible to understand which time periods apply to your case.

Initial And Answering Briefs

Once the notice of appeal has been filed, the appellant will file a brief with the court, detailing the grounds on which their appeal is based. The appellant’s brief describes what happened at trial, the errors alleged to have been committed by the court in reaching its finding, and how those errors should be remedied. The state must then file an answering brief, and the appellant then has the option to file a reply. The appellate court will then decide the appeal based on a record of the trial proceedings and the briefs filed by the respective parties. The appellant also has the option to request oral argument before the court. During argument, their criminal appeal lawyer will attempt to persuade the appeal judge(s) of the grounds of appeal, and answer any questions they may have.

Grounds Of Appeal

It is important to understand that during an appeal, the appellate court is restricted to the record of proceedings at the trial court and will not consider new evidence. For this reason, appeals are made almost entirely by written arguments that refer to relevant case authority and argue that incorrect conclusions of law were drawn from the facts available, or that the standards of evidence were incorrectly applied. There are numerous grounds of appeal that might be applicable to a particular case. Common appeal grounds include:

• The evidence produced during the trial was insufficient to support the conviction that was reached;
• Evidence that was improperly collected or tampered with was allowed to be presented to the court;
• Evidence that would have impacted the case’s outcome was not allowed to be presented to the court; or evidence that should not have been allowed was presented; and
• The jury was given improper instructions by the judge, or one or more jurors were unqualified to serve.

An appellant may also appeal the sentence imposed by the judge. For example, the appellant can argue that the judge followed an improper process during sentencing, or failed to take mitigating factors into account when deciding the length of the sentence.

The Role Of A Criminal Appeal Lawyer

The complex process detailed above is only the tip of the iceberg: there are hundreds of intricate appellate procedure rules and a patchwork of case law that governs the appellate process. Rigorous legal training and a nuanced understanding of the appellate framework is essential for any lawyer arguing a criminal appeal, as they will play an integral role in vindicating their client’s right to a fair trial.

Adhering To Time Periods

A criminal appeal lawyer’s first task is to ensure that their client’s notice of appeal and brief is timeously filed. Missed time periods can result in an appeal being dismissed. Appeal attorneys must therefore be highly organized and detail-oriented, keeping careful track of filing deadlines and ensuring that any briefs to be submitted are prepared well ahead of time.

Detecting Errors

It takes an expert legal eye to detect errors in a criminal trial process. Many of the potential grounds for appeal or collateral attack are unlikely to be detected by a non-lawyer. A criminal appeal attorney will comb through the trial record and evidence to uncover all possible grounds of appeal for their client.

Building Complex Legal Arguments

As arguing appeals primarily relies on presenting written arguments that challenge conclusions of law (rather than findings of fact), criminal appeal attorneys must use their extensive knowledge of case law and procedural rules to build complex and persuasive arguments on behalf of their clients. The experience that is required to build a winning appeal case is very different from the experience required in ordinary trial proceedings. Excellent drafting skills, a comprehensive knowledge of relevant case law, and the ability to weave a nuanced and persuasive written argument are all critical to effective appeal representation.

Advising On Procedural Rights

Criminal appeal lawyers play an important role in advising their clients on the procedural rights available to them and whether it would be in their interests to exercise them. For example, many attorneys fail to advise their clients of the right to request oral arguments before the appellate court after all the briefs have been submitted. An excellent appeal attorney will advise their client to take advantage of this right and other procedural rights afforded to them, such as the right to file a replying brief.

Hiring The Right Criminal Appeal Lawyer Can Change Your Life

For some defendants, hiring the right criminal appeal attorney can mean the difference between spending a lifetime in jail and avoiding jail time entirely. While the justice system strives to treat each defendant fairly, procedural errors are quite common in criminal cases and can have a huge impact on the defendant’s life if left unchallenged. If you or a loved one have been convicted of a crime, it is crucial that you consult with an experienced criminal appeal attorney as soon as possible to thoroughly explore your appeal options. Even if you have lost your direct appeal, there may be a chance to bring a post-conviction collateral attack. No person should have their freedom taken away from them without a fair process being followed and all appeal options being fully explored and exhausted.

Exceptional Miami Criminal Appeal Attorneys Are Ready To Fight For Your Rights

At Xander Law Group, we are passionate about advocating for our clients’ rights to fair criminal proceedings. Our criminal appeal lawyers have decades of experience in criminal appeal litigation and have successfully represented countless clients who were wrongfully convicted of a crime. We combine in-depth legal knowledge with formidable advocacy skills and a meticulous eye for detail to consistently deliver exceptional legal representation to our clients.

If you require assistance in a criminal appeal, do not hesitate to give us a call today at 1-305-767-2001 and we’ll schedule your first consultation.