Lakeland Criminal Appeals Lawyer | Criminal Defense Attorney

Experienced Lakeland Criminal Defense Lawyer, Lee A. Cohen, offers legal services for Criminal Appeals in Lakeland, Polk County, and Central FL.

Call Attorney, Lee A. Cohen 863.646.7636

Criminal appeals are part of the representation in a criminal case but not many attorneys handle criminal appeals. Criminal appeals are different than criminal trials because instead of appearing in from a judge in the circuit or county level you are hearing before three judges at the district court level. In a cruelty all instead of arguing a case verbally you’re arguing your taste in a written brief. That means you must know how to write a brief and you need to know how to research material related to a criminal record.

I’ve been handling criminal appeals for many years and know how to write effective briefs to the district court of appeals, so I have the knowledge and experience to represent you in a criminal appeal following a criminal trial conviction.

When grounds for an appeals hearing has been demonstrated, your legal counsel must still present your arguments to the appellate court in an effort to show that your ability to adequately defend your innocence was hindered and your conviction was a direct result of the issues argued in the appeals hearing.

Protect your rights by seeking the legal advice and representation of an experienced Criminal Appeals Lawyer.

Contact Lee A. Cohen at 863.646.7636 for your Post Conviction Criminal Appeals legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation. 

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I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.

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What are the grounds for a criminal appeal in Florida?

The grounds for a criminal appeal in Florida are based on the existence of a fundamental error that affected the outcome of the trial or the sentence. Such errors may include improper admission or exclusion of evidence, incorrect jury instructions, lack of sufficient evidence to support the verdict, jury misconduct, bias in jury selection, ineffective assistance of counsel, prosecutorial misconduct, judicial mistakes, or due process violations. A defendant who wants to appeal must file a notice of appeal within 30 days of the rendition of the judgment or order being appealed. A defendant who pleaded guilty or nolo contendere may only appeal if they reserved the right to do so or if they challenge the jurisdiction, the plea agreement, the voluntariness of the plea, or the sentence.

How long does the convicted party have to file a Criminal Appeal in the State of Florida?

According to the Florida Rules of Appellate Procedure, a convicted party who wants to appeal a final judgment or order in a criminal case has **30 days** from the date of rendition of the order to file a notice of appeal with the clerk of the lower tribunal. The date of rendition is when the order is written, signed, and filed with the clerk. If the last day falls on a weekend or a legal holiday, the deadline is extended to the next business day. Filing a notice of appeal is essential to invoke the appellate jurisdiction of the court and preserve the right to review.

What is the difference between a direct appeal and a post-conviction relief in Florida?

A direct appeal and a post-conviction relief are two different types of legal remedies available in Florida for challenging a criminal conviction or sentence. A direct appeal is based on the issues that appear on the record of the trial court, such as evidentiary rulings, jury instructions, or sentencing errors. A direct appeal must be initiated within 30 days of a conviction by filing a notice of appeal. A post-conviction relief is based on the issues that are outside of the record of the trial court, such as ineffective assistance of counsel, newly discovered evidence, or illegal sentence. A post-conviction relief must be filed within two years of a conviction by filing a motion to vacate, set aside, or correct a sentence under Rule 3.850 of the Florida Rules of Criminal Procedure.

Can any Attorney file a Criminal Appeal on my behalf, or does he or she have to be a Criminal Lawyer that specialized in Criminal Appeals in Florida?

If you have been convicted of a crime in Florida, you may have the right to appeal your case to a higher court. However, not every attorney is qualified to handle a criminal appeal. You should look for a lawyer who has experience in criminal law and appellate practice, and who is familiar with the rules and procedures of the Florida courts. A criminal appeal is a complex and specialized process that requires a high level of legal skill and knowledge. Therefore, it is important to choose an attorney who can effectively represent your interests and challenge the errors or injustices that occurred in your trial.

What is the legal process for filing for a criminal appeal in Florida?

A criminal appeal is a legal process that allows a person who has been convicted of a crime in Florida to challenge the conviction or sentence based on legal errors that may have occurred during the trial or plea proceedings. The person who files the appeal is called the appellant, and the state is called the appellee. The appellant must file a notice of appeal in the trial court within 30 days of the judgment and sentence, and pay the required filing fee. The trial court then sends the record of the case to the appellate court, which is usually one of the five district courts of appeal in Florida. The appellant and the appellee must submit written briefs to the appellate court, explaining their arguments and citing relevant laws and cases. The appellate court may also schedule an oral argument, where the attorneys for both sides present their arguments and answer questions from the judges. The appellate court then issues a written opinion, affirming, reversing, or modifying the trial court's decision, or remanding the case for further proceedings.

Can new evidence be presented during a post conviction criminal appeal in Florida?

A post conviction criminal appeal is a legal process that allows a person who has been convicted of a crime to challenge the validity of their conviction or sentence. In Florida, there are strict rules and deadlines for filing a post conviction appeal, and one of the most important factors is whether new evidence can be presented. Generally, new evidence can only be presented if it was not available at the time of the trial, and if it is material and relevant to the issues raised in the appeal. For example, new evidence could be a witness testimony, a DNA test, or a recantation of a previous statement. However, new evidence cannot be presented if it is merely cumulative or impeaching, or if it would not have changed the outcome of the trial.

Contact Lakeland Criminal Defense Lawyer, Lee A. Cohen today at 863.646.7636

5430 Strickland Avenue, Lakeland, FL 33812

Phone: 863.646.7636 • Fax: 863.648.0983

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