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.
Our trusted Miami, FL appellate lawyer knows that meeting with an appellate lawyer for the first time can feel like a big step, but it’s an important part of starting the appeals process. Whether you are seeking to appeal a civil or criminal case, the focus will be on understanding your situation, evaluating your previous case, and deciding how to move forward. Knowing what to expect from this meeting will help you feel more comfortable and prepared.
Reviewing The Case Background
In the first meeting, you and your Miami appellate lawyer will go over the history of your case and discuss the outcome of the trial or lower court decision you wish to appeal. It’s important for us to look at the original verdict, key facts, and any issues that you believe were mishandled. We will need copies of all relevant documents, such as court transcripts, motions, and rulings. If anything is missing, we’ll let you know what we need to gather for a more complete review.
Identifying Appeal Issues
Appeals focus on legal errors, not new evidence or a reexamination of facts. During our meeting, we’ll work together to identify specific issues that could form the basis of the appeal. These might involve mistakes in applying the law, improper rulings, or procedural errors made by the trial court. We will explain how appeals differ from trial proceedings so that you know what can and cannot be argued on appeal.
Discussing Deadlines And Procedures
The appeals process is governed by strict deadlines, so part of our first meeting will involve reviewing the timeline we need to follow. We will explain when the notice of appeal must be filed and what steps come next. It’s important to meet these deadlines to avoid losing your chance to appeal. If you’re unsure about where things stand, we’ll help clarify what actions need to be taken and when.
Setting Expectations For The Process
During the meeting, we will also discuss what you can expect from the appellate process. Appeals can take time, and there are often multiple stages involved, such as preparing briefs, filing motions, and potentially attending oral arguments. We’ll walk through the process so that you have a clear understanding of how things will move forward.
Exploring Possible Outcomes
We will also talk about potential outcomes for your appeal. Depending on the case, the appellate court may affirm the original decision, reverse it, or send it back to the lower court for further proceedings. While no outcome can be guaranteed, we’ll provide insight into the strengths and challenges of your case to help you make informed decisions.
Let’s Move Forward With Your Appeal
If you are considering an appeal, getting started with the right legal help is essential. At Perez Mayoral, P.A., we are committed to providing clear guidance and sound advice from the first meeting onward. We offer 24/7 live answering, so contact our appellate lawyer in Miami today to schedule your initial consultation, and let’s take the first step toward pursuing your appeal.
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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.
