Key Largo Appeals Lawyer

Criminal courts and juries make mistakes. When those mistakes lead to a criminal conviction, the defendant will need legal representation from a Key Largo appeals lawyer who could identify those errors in an appellate court.

The seasoned criminal defense attorneys at Keys Criminal Defense, PLLC have decades of combined experience in arguing for reversals of criminal convictions, including matters ranging from minor misdemeanors to serious felonies. We are thoroughly familiar with the appellate processes in the Monroe County Court and the Eleventh Circuit Federal Court, where appeals to State and Federal convictions are heard. Contact us today to schedule an initial consultation and learn more.

What Should a Defendant Do to Appeal a Conviction?

For criminal convictions, you must file a notice of appeal no later than 30 days after the date your sentence was issued in the criminal trial court. This is a very strict deadline, and filing too late will cause you to lose your right to appeal. Even if you are not sure whether you want to appeal, you should always contact a Key Largo lawyer immediately after a conviction to secure your rights.

What Will an Appeals Lawyer Do?

After filing a notice of appeal, your Key Largo attorney could procure a copy of the full transcript and record of your criminal trial to analyze your case and identify any errors. Your lawyer may then write a brief to demonstrate how and why certain errors led to an improper or incorrect criminal conviction.

After the prosecutor files a response to this brief, your lawyer and the prosecutor will argue your case before a panel of judges in the appellate court. If the conviction is for a capital murder crime, arguments will be made in front of the Florida Supreme Court.

What Are Some Common Reasons for Appealing a Criminal Conviction?

A few of the more common reasons for appealing a conviction include:

• The evidence was insufficient to prove that a defendant committed the crimes in an indictment
• The court admitted evidence that was improperly seized, for example, in violation of a defendant’s Constitutional rights
• Arresting authorities and prosecutors violated a defendant’s due process rights
• Insufficient corroboration of claims made by testifying witnesses who are co-defendants in the case
• The trial judge issued incorrect instructions to the jury panel
• The defendant’s trial attorney rendered ineffective or incompetent assistance

While the appellate court will review your case to decide if the trial court made any legal errors, it will not evaluate the credibility of witnesses or the evidence itself. Because of this, your appeals lawyer could seek a new trial in Key Largo while simultaneously pursuing an appeal, if needed.

How Quickly Will an Appellate Court Issue a Decision?

Depending on the complexity of your case and appellate court workload, an appeal could take up to two years to complete. During this time, you will typically remain incarcerated. Your Key Largo lawyer could petition for post-conviction bail and conditional release if a judge agrees that the appeal was made in good faith and is not based on dubious arguments.

The judge will be more likely to make a favorable conditional release decision if your appeals attorney makes a solid case that you have strong connections to the community and are not likely to flee.

Contact a Key Largo Attorney to Discuss Your Appeal

Reach out to the team at Keys Criminal Defense, PLLC to retain a Key Largo appeals lawyer for your best opportunity to successfully challenge your criminal conviction. Do not wait, as your right to appeal your case will disappear if you miss the filing deadline. Contact us today to schedule a consultation.