Choosing the right attorney for your appeal
You may be thinking to yourself: “Aren’t all lawyers the same? Can’t any attorney do my appeal?” If you think the answer to those questions are “yes,” you could be making a huge mistake. Appellate law is not the same as trial law; it’s a specialty. There are no juries and no trial judge, only a panel of appellate judges (usually 3), your briefs (written arguments), and oral argument. An appeal is not a re-trying of a case, so an appeals attorney must be skilled in investigating the trial, uncovering mistakes, and arguing a different take on facts that have already been admitted. The focus is on finer points of law or complex legal issues that few attorneys are equipped to handle. The same arguments that trial lawyers use to persuade judges and juries fall on deaf ears in an appellate court. That’s why you want to hire an experienced Miami appeals lawyer.
Winning an appeal is an uphill battle because, almost always, the case has already been lost at trial. You are asking for a second try. That’s why any misstep, no matter how small, can cost you the case. Many trial attorneys at Florida know this, which is why they don’t even take on appeals cases. Others lawyers may try but don’t have the knowledge, experience, and skills to achieve desired results. Jordan Redavid is up to the task. Let him fight your appeal.
What can I appeal?
Unfortunately, you cannot file an appeal in every case. There are rules governing what can and cannot be appealed. Normally, only final judgments can be appealed. This includes any criminal conviction or finding of liability arising from a jury trial. Only when a judgement has been entered can a case be appealed. That’s why most criminal cases that resolve in a guilty or nolo contendre (no contest) plea bargain cannot be directly appealed. In some instances, however, a person can specifically reserve the right to appeal a “legally dispositive issue” (an issue that, had the trial court judge ruled in your favor, the case would have been resolved without the need for a trial).
How long does an appeal take?
There is no fixed timetable for appeals, but understanding how the process works can help estimations. In Florida, a notice of appeal must be filed within 30 days of a judgement. A decision about whether or not to appeal must be made expeditiously. First, a lawyer needs to decide whether or not you are entitled to appeal your case. If you are, there is a formal process by which transcripts, documents, and other papers (the “record”) are collected before your attorney will file a Notice of Appeal. From there, extensive legal research and writing takes place. The party appealing (”appellant” or “petitioner”) files an initial brief; the opposing side (“appellee” or “respondent”) files an answer brief; and the appealing party may choose to file a reply brief after that. After briefing, there is usually an oral argument, after which the appellate court will take some time to consider the arguments and make a ruling.
Clemency, Pardons, & Restoring Civil Rights
Clemency is a formal petition for mercy from the government, usually for a lessening of a criminally-convicted person’s sentence. In death penalty cases, this can mean sparing someone’s life in exchange for a lifetime sentence. When a government official sets aside a punishment for a crime that, is a pardon.