Appeals And Post-Conviction Relief

Being convicted does not necessarily mean the end of your case. If you think your sentencing was incorrect and the court came to the wrong verdict, you can appeal. With more than 10 years of trial experience, our lawyers at Brown, Suarez, Rios & Weinberg, P.A., have honed their skills in handling appeals and post-conviction cases. We are determined to examine every aspect of your individual case, scrutinizing all the details to ensure that an appeal or post-conviction proceedings are in your best interest.

Appeals

Legal and procedural errors sometimes occur during trial. These may be grounds to file an appeal and have your case reviewed by an appellate court. If the appellate court agrees to the appeal, it could reverse the conviction made by the lower court in whole or part. It is important to note that if a defendant pleaded guilty, he or she does not have an automatic right to appeal.

It is essential to have your attorney file your appeal in a timely manner or you risk missing the opportunity for the higher court to look into your case. Most people think an appeal means getting a second chance at a trial. Sometimes that may be the case, but not often. Our first issue is to determine whether any errors were made during the initial trial. Winning an appeal is difficult, but if the facts are in your favor and your lawyer has the right experience, it is possible to get your conviction or sentence overturned.

Post-Conviction

Sometimes a defendant can choose to opt out of seeking an appeal or will additionally file a motion for post-conviction relief after an appeal. An individual is allowed to seek post-conviction relief if:

  • The court did not have the jurisdiction to impose a sentence.
  • The conviction violated the defendant's constitutional rights or state laws.
  • The sentence exceeds those implemented by state law or is incorrect.
  • There were facts not previously presented that merit a vacation of the initial sentence for the sake of justice.
  • The defendant was held in custody illegally or probation or parole was unlawfully revoked.

Our attorneys at Brown, Suarez, Rios & Weinberg understand the pressure that accompanies trials and appeals and will actively seek to make sure your rights are protected.

Criminal Defense Attorneys You Can Rely On

We believe that just because you have been convicted of a crime, it does not mean the court is not susceptible to error or all of the proper procedures were followed.

Having a criminal conviction on your record can change the course of your life. Our team will work diligently to make sure your personal needs are met and that you get your desired outcome.

Take The First Important Step Today

If you want a free initial consultation with one of our experienced attorneys, email our main office in Fort Myers or call one of our five convenient southwest Florida offices. After we discuss your circumstances, we can help you decide the best next step to take.

We speak Spanish.