What are the Causes of Wrongful Conviction in Tampa?

Facing criminal charges can be frightening because your future and rights are at stake. Upon conviction, you risk losing your job and ruining your social and professional relationships. Despite your best effort to defend yourself against the charges, sometimes you may be wrongfully convicted for an offense you never really committed.

Attorneys from a reputable law firm in Florida explain that some common reasons for wrongful convictions include the following:

  • Flawed procedures by law enforcers during search and seizures
  • Misconstrued confessions or admissions
  • Invalid, flawed, or improper forensic results
  • Misidentification of witnesses or flawed testimony
  • Prosecutorial misconduct

Luckily, you can challenge a wrongful conviction by filing an appeal. The process can be complicated, and it would be wise to seek skilled legal help from lawyers who understand how it works to help you navigate it successfully.

How Can I Appeal a Wrongful Conviction?

Before you can appeal a wrongful conviction, evaluating your eligibility is crucial. Tampa criminal defense lawyers explain that procedure 9.140 of the Florida Rules of Appellate stipulates the criteria for permissible appeals. The nuances can be complex, and you may not know what to do independently, so consult knowledgeable attorneys for a favorable outcome.

Eligibility for Appealing a Wrongful Conviction

An appeal is a judicial proceeding and is every defendant’s right under the US Constitution. Anyone convicted of a crime by a jury or judge can generally file an appeal. Your Tampa criminal defense attorneys can file the appeal on your behalf, highlighting the legal basis of the appeal.

In most cases, criminal appeals to challenge the legal decision by a trial court can only happen after a trial occurs. For example, if your lawyers filed a motion to suppress evidence and the motion is denied, you may not be able to appeal the decision directly but can wait until the case is over.

If you’re convicted, you can file an appeal based on the judge’s refusal to suppress the evidence. Florida laws allow criminal defendants to file appeals from final orders.

Filing a Notice of Appeal

The criminal appeal process is complicated, and you must follow specific procedures and use carefully constructed legal arguments to support your claims.

Ensure you file your appeal within the stipulated deadlines, or you risk losing the right to challenge the conviction. You only have 30 days from the rendition of the order you wish to appeal to file the notice. Working with experienced criminal defense lawyers can help you follow the correct procedures.

Preparation of the Record

The court clerk prepares the record for appeal, but the preparation may not automatically support your appeal. While the record must include specific parts, others may be excluded, and you must provide instructions for the pieces to be incorporated. You could easily make mistakes at this point, so working with a lawyer is crucial to protect your rights and enhance your success.

Submitting Briefs

You also must file an initial brief after filing a Notice of Appeal. Your appellate brief, the legal document you use to submit your appeal, must establish that the higher court has the legal authority to handle the appeal. Draft the argument in a way that includes the following sections:

  • A table of contents
  • A table of authorities
  • A summary of the argument
  • More detailed arguments on each issue

Criminal defense lawyers in Tampa add that you must also provide a record on appeal, a transcription of the central court proceedings. These include the trial proceedings and motion hearings that led to the challenging of the legal ruling. The record is crucial because you can’t raise new arguments but only support what is within the record.

The prosecution will file an answer brief to your appellant brief, rebutting your claims and defining their own. You can then reply to their reply.

Submitting Oral Arguments

After submitting the briefs and the appellate judge reviews them, the court may schedule oral arguments, which will be held depending on the decision of the higher court ruling on the appeal. However, your Tampa criminal defense lawyers can request that the oral arguments be held depending on your case assessment.

Oral arguments in the appeal process are time-limited and differ from those during the trial. Oral arguments are not uninterrupted speech, as judges listening to them could ask questions in between. So, it’s advisable to have the representation of skilled criminal defense attorneys to help you present your arguments adequately.

Are There Alternatives to Criminal Conviction Appeals?

Pursuing an appeal may not give you the expected outcome, meaning the conviction may not be overruled. However, all hope is not lost, as there are other avenues for seeking relief as provided by Florida laws. A viable alternative to the appeal process is to request to vacate a conviction or seek a correct sentencing.

The deadline for filing such motions is typically more extended than for filing an appeal. So, if you missed the appeal deadline, you could pursue these other motions with the help of your Florida law firm.

An Experienced Criminal Defense Attorney Helping You Appeal a Wrongful Conviction

You can fight a wrongful conviction by filing an appeal to override the decision. Unfortunately, Florida appellate law can be complex and challenging, and you may need legal guidance to learn how to navigate the nuances. Seek the counsel of aggressive criminal defense lawyers in Tampa to help you create effective post-conviction strategies.

Patrick B. Courtney is a top-notch law firm in Florida with knowledgeable appellant lawyers to help you during this trying period. We can evaluate your case and advise on how to appeal a wrongful conviction to protect your rights and future. Call us at 813-252-1529 to schedule a FREE case evaluation.