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Appeals

If you receive an unfavorable outcome in a DMV hearing after a DUI, or as a result of a court verdict, you have the right to appeal the decision. An appeal is a request that a higher court review the record and the lower court’s ruling to identify whether any procedural, legal or other errors were made. Appeals can be your last chance to avoid undesirable consequences handed down by a court.  It is important to get legal help as soon as possible if you are appealing a verdict or unfavorable decision.

The Tampa criminal defense attorneys at Stechschulte Nell help clients pursue a successful appeal. We regularly represent clients appealing criminal convictions to the district court, the Florida Supreme Court and the circuit court.   Contact a Tampa criminal appeals lawyer at Stechschulte Nell today to learn more about how we can help.

Understanding Appeals

In an appeal, you do not reargue your case or present new facts and evidence. Instead, you argue that a procedural or legal error was made at the hearing or trial level. You can file an appeal in a variety of situations:

  • Trial court motion. If you file a motion in federal or state court and the motion is denied, you may appeal the denial of the motion. Under certain circumstances when an answer on the question raised on appeal is needed urgently or for a case to proceed, the appeal of the motion denial may occur before the judge or jury verdict is rendered.
  • Jury verdict. If a jury finds against you in a criminal case, it is possible to appeal the jury verdict. Jury verdicts are given a great deal of weight by the appellate court. Typically, the court will not overrule the jury’s decision based on the facts of the case. Instead, the appellate court will focus on whether the law was followed by judge and jury throughout the trial.

The correct court to appeal to depends upon the circumstances. For example, for a state court case, you can appeal to the district court, while DMV hearing’s decision is appealed to the circuit court. Since you have only one right of appeal, a St. Petersburg criminal defense attorney is necessary to help you craft nuanced and detailed legal arguments. In rare cases, if you do not receive a favorable verdict on appeal, you can appeal to the Florida Supreme Court. The state supreme court does not hear every appeal, but may choose to do so if your case presents compelling legal questions.

With only one chance at an appeal in most cases, you should not file your appeal or prepare your arguments on your own. Instead, contact an experienced Clearwater criminal defense attorney at Stechschulte Nell today for help with your appeal.