The judge declares the result of your case, the gavel comes down, and you’re left frustrated or disappointed with the results. Is this the end of the road? Can you have another chance to achieve a fair verdict in your legal matter? Maybe. Many cases are eligible for appeal, which involves petitioning a higher court (starting with the District Court of Appeals) to reconsider the decision of the lower court, ideally reversing it in your favor.
Bear in mind that there are narrow grounds to file an appeal, and what grounds those are depends on whether you have a civil or criminal matter and the circumstances of your case. Building an appeal requires a detailed knowledge of both state or federal statutes and case law and a keen eye for detail, as your Miami, FL, appellate lawyer must discern specific grounds for appeal based on the trial transcript. The procedural rules for appealing a case are also much different than those governing the building and presentation of a case in a lower court. Don’t risk your future with an inexperienced attorney.
At Perez Mayoral, P.A., our team of appellate attorneys has decades of combined experience building appeal cases and presenting them before Appellate and state supreme courts. We understand what grounds for an appeal in your situation are and provide insightful, actionable advice. Contact us today—you may have a very short window of time to file your appeal.
Appellate lawyers analyze your case from the perspective of a higher court, objectively reviewing the trial proceedings to determine whether it can be appealed. There are many prohibitions when filing an appeal, including using only evidence presented at trial (no new evidence unless certain narrow requirements are met).
Often, appeals are filed only if there is a legal error in the original trial. This can range from an inadequate defense in a criminal matter to the inclusion of certain pieces of evidence that should not have been considered.
Appellate lawyers pay close attention to detail and have a deep knowledge of laws and court procedures, especially rules of evidence, and the experience to spot legal errors in the original trial. Appealing a case is different from presenting the case, as your lawyer is arguing fine points of Florida or federal law, not attempting to persuade a judge or jury. Thus, appeals are often more black-and-white than a trial. We have a strong appellate team with the skill set to properly handle your appeal.
Remember, an appeal is not a do-over of your trial. Rather, it’s a review by a higher court of errors or omissions made by the judge, prosecutor, defense attorney, or plaintiff’s attorney in the original trial.
We cannot present new witnesses or new evidence. However, we scrutinize your trial transcript for evidence that:
- The judge’s decisions were legally flawed
- The judge inappropriately rejected a motion to suppress
- The judge wrongly denied a motion to dismiss
- The judge considered evidence that was inadmissible at sentencing
- Evidence that should have been reviewed by the jury was left out
- Evidence that was inadmissible was introduced during the trial
- A juror was unfit to serve
- The prosecutor’s actions unfairly influenced the jury against you
- The jury did not receive appropriate instructions
You and your appellate attorney must work fast to file your appeal within 30 days from the date the judicial order was filed (usually the date the trial concluded).
If you’re concerned about the outcome of your recent legal case, we can help you explore your legal options, including filing an appeal. We have the experience and knowledge to determine grounds for an appeal and are ready to fight for you. Contact Perez Mayoral, P.A., today to speak with an experienced Miami appellate lawyer.
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Perez Mayoral, P.A. combines the powerful and diversified services of a large law firm with the personal attention of a boutique practice. Get in touch with us for a consultation? Whatever your legal problem, we will be happy to discuss your options and provide you with the professional help you need.
