Fort Lauderdale Appeals and Post Conviction Attorney
An appeal can occur when a person who has been convicted of a crime asks for the case to be reviewed by a higher court in attempts to overturn the conviction. Appeals, according to the American Bar Association, are not always granted, as there must be a valid reason (material evidence) as to why the appeal was requested in the first place. Just because the defendant and their defense attorney did not like the outcome of the case does not mean they can automatically appeal for a new decision. Unlike most people believe, appeals are seldom granted. They are a byproduct of a faulty case, not simply a last ditch effort by the defense team to arrive at a different conclusion that was originally intended.
If you believe that you were not given fair treatment during your time in court due to errors made by your defense attorney, the court, or any other members of the legal process, and that those errors lead to your wrongful conviction, you may have the possibility to apply for an appeal post conviction. Contact a Fort Lauderdale Appeals and Post Conviction Attorney immediately to discuss your options. Call Deric Zacca at 954-450-4848 today. Mr. Zacca has vast knowledge in the legal proceedings in regards to appeals, and has successfully represented violent and nonviolent criminal cases, as well as appeal cases with hugely favorable outcomes for his clients.
Major Errors Must be Revealed for an Appeal to be Granted by a Higher Court
During an appeal the primary goal of the defendant is to show where errors in the first trial existed. These errors must be proven to have caused the defendant to be charged unfairly (if those mistakes had not occurred a different verdict would likely have been reached by the jury or court). Appeals exist in both criminal court cases and civil court cases. The main difference is that in criminal court cases, only the defendant is able to begin the appeal process, whereas in civil cases either party (the defendant or the claimant) is able to request an appeal.
One appeal case that has been more visible in the public’s eye due to its appearance on the radio show Serial is the case of the State v. Adnan Syed, as reported by Florida’s Palm Beach Post. There are two reasons as to why Mr. Syed was granted a retrial. The first is that the evidence of cell phone calls was greatly misrepresented. The second is that his defense attorney was essentially ineffective by not calling a key witness to testify on Mr. Syed’s behalf. As such, the appeal process is a viable option for Mr. Syed and his new legal team.
The point of an appeal is so that a person’s entire future is not dependant on the mistakes of an attorney or the court. It is a safeguard in our legal system to weed out those cases that were not performed to the level that our legal system requires. Contact Fort Lauderdale Appeals and Post Conviction Attorney Deric Zacca at 954-450-4848 today to appeal your conviction.