Violation of Probation
After you have been convicted and sentenced for a crime, you have the right to an appeal. If you believe that you were unjustly or wrongfully convicted, you have the option of filing for an appeal. At the The Orlando Law Firm P.L., we can do the necessary research and find the pertinent caselaw to pursue an appeal to overturn your conviction. The appeals process tends to be complex because it typically requires the attorney to review the entire case and record to ascertain any errors and then conduct research and build arguments to present to the appellate court. We look at prosecutor's errors, attorney mistakes as well as jury misconduct among others. It is crucial that you contact a skilled attorney to help you with this process. At the The Orlando Law Firm P.L., we possess the skills to advocate on your behalf during oral arguments in front of the appellate court.
In Florida, misdemeanor cases are usually appealed to circuit judges. Circuit cases are appealed at one of the District Courts of Appeal in Florida. A notice of appeal must be sent within 30 days in state cases and 10 days in federal cases. After the filing of a notice of appeal, a "record on appeal" or transcript of the trial court proceedings is prepared. We have to carefully examine the record and
prepare a brief with the ground of appeals. The brief includes the argument accompanied by supporting caselaw. Then the opposing side files a respondent's brief with their arguments and caselaw. Oral arguments are scheduled where both sides present their case in front of the appellate court
In order to win at the appellate level, you need to hire an aggressive criminal defense attorney to fight for your side.
Depending on the issue, if the appeal is successful, you will likely get a new trial. In other
circumstances, you might certain evidence suppressed or the sentence reduced.
Some of the typical types of errors encountered in the Appeals process include:
Error in admitting or excluding evidence
Incorrect ruling by the trial court on pre-trial motions to suppress
Ineffective assistance of counsel
If you want to withdraw your plea, we can file a motion to withdraw the plea supported by "good
cause." The motion can be filed both before and after sentencing has occurred. Call the The Orlando Law Firm P.L. for more on the procedural and substantive requirements of a motion to withdraw a plea.
The The Orlando Law Firm P.L. also handles criminal defense cases such as battery, bond hearings, drug cases, DUI and Boating Under the Influence, Driving With a Suspended License, Driving with a Revoked License, Expungement and sealing of criminal records, juvenile, internet crimes, petit theft, grand theft, embezzlement, traffic tickets, traffic criminal violations, temporary restraining order, violation of probation, weapons charges, public intoxication, open container, assault and other violent crimes.