Fort lauderdale Post-Conviction Relief
If you or a loved one have been wrongfully convicted of a crime due to errors that occurred during your trial, you may feel defeated, hopeless, and feel as though there is nothing you can do to change the outcome. This is not the case! If this has happened to you, a direct or collateral appeal may be your best bet at getting the conviction lessened, or reversed completely.
The appeal process is often complex and time-sensitive. If you are interested in more information about the appeal process, please read the below material, or contact the Law Office of Edward Salantrie, ESQ. PLLC. Edward Salantrie is a committed Fort Lauderdale Direct and Collateral Appeals Lawyer who has helped many of his clients reverse their charges through direct or collateral appeals.
What is a Direct Appeal?
When a person is convicted of a crime, he or she has the right to take a direct appeal in Florida (state) court and in federal court. A direct appeal is requested when your conviction should be challenged due to it being an unjust sentence.
A direct review begins with filing a Notice of Appeal. This needs to be filed within 30 days of your sentencing. Reviewing the record of your case (which includes all important documents, hearing transcripts of your trail, and your sentence), a higher court will decide if there were any consequential errors made, and whether or not an appeal is just. A direct appeal is based on evidence and examinations that were previously presented in your case — new evidence can not be revealed in a direct appeal — this is an opportunity to retry your case.
Some reasons to appeal your conviction are as follows:
- Your constitutional rights were violated;
- The judge provided incorrect or confusing jury instructions;
- Wrongful admission, or lack of sufficient of evidence;
- Biased jury member;
- Judge made an error of law;
- And more.
What is a Collateral Attack?
An important distinction between collateral appeal and a direct appeal is that a collateral attack is typically presented to the same court in which the person was convicted. Likewise, a collateral attack is often more limited than a direct appeal. While there are many different ways a legal error could occur in court to warrant a direct appeal, a collateral appeal usually is constrained to claims of constitutional or fundamental error. It can be argued that there are many different kinds of errors that can be seen as a constitutional violation, but courts may not always agree with the characterization, and may deem the error irrelevant in regards to the outcome. This means that a collateral attack is more likely to be rejected over a direct appeal.
Arguably the most significant difference between collateral attack and direct appeal is that a collateral attack may allow new facts (which are not included in the report) to be raised for review. If the error of your trial was due to ineffective assistance of counsel (your lawyer made crucial mistakes while representing you), a collateral attack may be your best option. Any facts that your counsel withheld may be use to lessen or reverse your conviction.
Contact a Fort Lauderdale Direct and Collateral Appeals Attorney
If you or a loved one have been wrongfully convicted of a crime due to legal errors that occurred during your trial, please contact Fort Lauderdale post-relief convictions attorney Edward Salantrie at your earliest convenience. Time is of the essence — the sooner you take action the better. Call now for a free initial consultation: (954) 771-7455 or (954) 523-2100