An appeal is a formal request that a higher court review your trial ruling because of legal errors that, you allege, impacted the outcome of the case. In an appeal, your attorney would provide written and potentially oral arguments explaining the error that occurred, why it constituted an error instead of merely an outcome that wasn’t in your favor, and how this error resulted in inaccurate or unjust outcomes.

What happens when someone files an appeal?

Once you file a Notice of Appeal with the appropriate court, the case is assigned to the appropriate appellate court. Your attorney submits a written brief that explains the legal errors that necessitate a review of the case. The opposing party may submit a written response to this brief, which your attorney may respond to if doing so is in your best interests. The appellate court may base its decision on these written briefs and a thorough review of the complete trial record, or it may permit your attorney to make oral arguments in your favor before the court. An appellate court may decide to affirm the trial court’s original decision, overturn the ruling, remand the case back to a lower court for further proceedings, modify some aspects of the ruling while leaving the rest intact, or dismiss the appeal.

How long do you have to appeal a trial ruling?

Generally, appeals must be filed within 30 days of a final ruling or order. In federal cases, you may have 60 days to appeal a ruling only if the federal government is a party to the case. Otherwise, you must file a Notice of Appeal within 30 days in federal cases as well as state-level cases. This is a short time to take action, so it’s important to consult an attorney experienced with navigating the appeals process as soon as possible.

What do you need to prove to win an appeal?

An appeal must be based on some form of error of law or procedure, not just an outcome that you disagree with or find unfavorable. To win an appeal, you need to establish that a judge, prosecutor, or juror made an error. You need to back up this assertion with evidence, such as legal statutes and case law established by prior cases. You also need to show that this legal, judicial, or procedural error influenced the outcome of your trial in a meaningful way and that, as such, the trial ruling should be reviewed and potentially overturned or modified. Because there is so much you must establish through your appeal and because the stakes are so high, it’s important to have a knowledgeable attorney dedicated to advocating for your best interests handle your case.

Miami Appeals Lawyer | Federal Appeals Attorney in Miami, FL

Federal Appeals Attorney in Miami, FL, Challenging Criminal Convictions and High-Value Judgments for Clients in South Florida and Nationwide

The justice system isn’t perfect. When a trial judge has made an error, your right to due process was violated, or a prosecutor or juror engaged in misconduct, you can seek to get the outcome of your criminal defense or civil litigation case overturned in an appellate court. You’re going to want your case in the hands of a Miami appeals lawyer who has successfully fought unfair rulings and set new legal precedents through skillful, strategic handling of appeals. That’s what I’ve achieved at my law firm, Forge Litigation Group

If you’re going to challenge an unfair conviction or erroneous civil judgment, you need to act fast. Appeals are subject to tight deadlines that you must meet to preserve your rights. To get started with a consultation, contact me today.

The Last Resort for Challenging Criminal Convictions and Civil Judgments in Florida

In any legal matter, it’s important to put forward the most compelling case possible from the start. You don’t go into your case with the idea of “just” filing an appeal after an adverse ruling. This legal action can only be undertaken in specific circumstances and can only yield certain outcomes.

What an Appeal Can Do, and What It Can’t Do

A court ruling is usually the final decision in a case, but that can change in the event of a successful appeal. Through an appeal filed with a higher court, you may be able to:

Reverse or overturn the original ruling, vacating a conviction or nullifying a judgment
Remand your case back to the lower court for a new trial or sentencing proceeding
Get part of the ruling modified in your favor

While any one of these outcomes could potentially be valuable in the face of an adverse ruling, an appeal is unlikely to lead directly to an acquittal. What’s more likely is a reduction in sentencing or an opportunity to present your case again in a new trial.

The appellate court may also rule in ways that don’t align with your intentions, including:

Affirming, or upholding, the trial court’s original ruling, so that no changes are made
Dismissing your appeal due to late filing or failure to meet procedural requirements
Determining that, while a legal error occurred, it did not meaningfully impact the outcome of your case

An appeal can’t overturn a ruling just because you don’t like it or don’t agree with it. You must show that you have proper grounds for appealing the ruling beyond it simply not being in your favor.

Generally speaking, you also can’t use an appeal to present new evidence. You may, however, appeal a judge’s improper ruling that unfairly prevented you from presenting evidence in your favor or a situation in which the evidence against you was insufficient to support the jury’s decision.

Grounds for Appealing a Conviction or Judgment

To file an appeal, you need to have grounds to argue that a legal, procedural, or judicial error resulted in a ruling that is inaccurate and unjust. Generally, potential grounds for appeals in Florida can include:

Improper jury instructions given by a judge
Incorrect legal standards applied by a judge
Legally inaccurate or incorrect rulings by a judge
Improper judicial rulings regarding what evidence could or could not be presented in court or at sentencing
Prosecutor misconduct, including prejudicing the jury
A court’s misinterpretation of the law
A court’s ruling on specific issues not properly raised in the course of the trial
Improper denials of motions to dismiss the case or suppress evidence that should have been approved under the law
Denial of due process or a fair hearing
Juror misconduct
Conflicts of interest on the part of a judge, juror, or prosecutor
Sentences that deviate from established sentencing guidelines or statutory limits
Ineffective counsel if the lawyer who represented you in the original trial failed to prepare the case properly, neglected to act in your best interests, or engaged in misconduct or an undisclosed conflict of interest that impacted your case

The grounds for an appeal are narrow, and they generally must involve some error of law or procedure. Because the success of your appeal depends on being able to establish that some legal or judicial error impacted the outcome of your case, you need an appellate lawyer on your side with specific knowledge of this complex area of law.

Understanding the Appeals Process in Florida

Generally, to appeal a ruling in Florida, you need to file the proper paperwork within a specified time frame and present your case that legal errors warrant overturning the ruling or allowing a new trial to be held. In a written brief, you must provide specific details of the legal errors that occurred and how they impacted the case. You may have to present your case before the appellate court in an oral argument.

Both criminal and civil cases can be appealed. In a criminal case, the defendant is typically the appellant, or the party filing the appeal, and the prosecution is the appellee, the party that must defend the original ruling. In a civil matter, either the plaintiff or the defendant can appeal, and the opposing side is the appellee.

In Florida, you typically have only 30 days from the date of the judgment, sentence, or final order you’re seeking to appeal to take legal action.

The State-Level Appeals Process

Both the criminal appeals process and the civil appeals process in Florida require you to file a Notice of Appeal with the trial court clerk. The appeal will be assigned to the appropriate District Court of Appeal. The appellate court then reviews a record of the original trial compiled by the trial court clerk that includes all transcripts, exhibits, and legal filings.

In an Appellant’s Initial Brief, your Miami appeals lawyer will explain in detail the legal errors that occurred in your case and why a reversal of the ruling or a new trial is necessary. The other side then responds to your explanation through the Appellee’s Answer Brief, in which it can provide information to defend the court’s original ruling. If needed, you may use a Reply Brief to respond to the opposing party’s statements. In some instances, the appellate court may offer you the opportunity to have your attorney present oral arguments explaining the legal issues highlighted in your written brief.

The Federal Appeals Process in Florida

The federal appeals process, which involves an appeal of a trial ruling issued by a U.S. District Court, requires you to file your appeal in the appropriate U.S. Court of Appeals. In Florida, as well as Georgia and Alabama, you would file your Notice of Appeal with the Eleventh Circuit Court of Appeals based in Atlanta, Georgia.

The federal appeals process is similar to that used for state-level appeals in Florida. It involves reviews of the trial records, written briefs, responses by the opposing party, optional replies to those responses, and potentially oral arguments before the appellate court.

You Need a Federal Appeals Attorney in Miami, FL, With a Record of Success

Winning an appeal isn’t easy. You need to thoroughly analyze every aspect of the trial to identify legal errors that can be documented and make a compelling case for how these errors influenced the outcome of your case in a meaningful way. Having experienced legal counsel is critical to your success, and not just any attorney will do. It’s important that you choose a Miami appeals lawyer with experience handling, and winning, cases in appellate courts.

At Forge Litigation Group, I have represented clients in appeals involving matters of state and federal constitutional law, questions of jurisdiction, and the interpretation of state and federal laws. I have appeared as counsel in state and federal courts of appeal, including the United States Supreme Court. My legal efforts on behalf of my clients have set new legal precedents and helped those who have been wronged by errors in the legal process make things right.

How Forge Litigation Group Can Help

When I handle appeals, I recognize that this process is your last resort for overturning adverse rulings. I analyze every detail of the case to identify any possible error of law, from legal inaccuracies and procedural mistakes to improper instructions to jurors and incorrect decisions about allowing or excluding certain evidence.

As an experienced federal appeals attorney in Miami, FL, I understand the nuances of the appeals process. I know how to craft compelling arguments for revisiting your case and how to explain in detail the legal errors that occurred, both in written briefs and in oral arguments. I’ll manage all deadlines, paperwork, and procedural requirements, because I know how important it is to pay attention to every detail.

Why Choose Forge Litigation Group as Your Miami Appeals Lawyer?

With Forge Litigation Group on your side, you will have a Miami appeals lawyer who is known for having extensive experience, providing full-service support for the appeals process, and advocating tirelessly for clients.

Decades of Legal Experience

I have spent 25 years practicing law in roles that range from Assistant Public Defender in Miami-Dade County to civil litigation attorney in large regional and international firms and, today, as a solo practitioner in private practice. Using the knowledge and skills I’ve cultivated throughout my career, I’m equipped to overcome challenging situations for the benefit of my clients.

Comprehensive Assistance for Appeals

Whether you need help appealing a trial ruling in criminal or civil court, at the state level or the federal level, you can count on my law firm to provide the full legal support your case demands. I have experience handling appeals that involve legal issues of all kinds, from questions of jurisdiction and procedure to constitutional law issues and the interpretation of statutes at the federal and state levels.

Dedication to Fighting for My Clients

In my practice, I’m committed to fighting for the “little guy,” which often means helping you fight back against unfair trial rulings. Taking on the government by bringing mistakes and misconduct of judges and prosecutors to the attention of a higher court requires unwavering advocacy as well as in-depth knowledge of legal issues and the specific procedures in appellate courts. I’m here to provide the resources you need for the appeals process.

Contact a Miami Appeals Lawyer at Forge Litigation Group Today for a Case Evaluation

An appeal isn’t a viable option for every case that ends in an unfavorable ruling. To ensure that anyone wondering whether they can or should appeal the outcome of their case has the chance to discuss the matter in detail with experienced legal counsel, I offer no-obligation consultations.

I will review the facts to gain an understanding of your unique situation and tailor my initial feedback to your situation. I provide objective case evaluations to help you understand whether you have grounds for an appeal that could be successful and what outcomes you could potentially achieve if you win your appeal.

For help from a federal appeals attorney in Miami, FL, contact Forge Litigation Group online or call 786-933-8794 today.

Miami Appeals Lawyer