If you have been convicted of a felony or misdemeanor you have a right to appeal the criminal conviction and sentence and an opportunity to have the conviction or sentence overturned on appeal. We can help.
Occasionally, the government oversteps the line between a legal conviction and an illegal conviction. Sometimes the government or its agents induce an offense when an individual is not predisposed to commit the particular crime. Sometimes the government or its agents obtain statements or physical evidence illegally. Sometime the police improperly stop a vehicle and obtain evidence based on that improper stop. Sometimes the government obtains an illegal search warrant based on insufficient or fabricated facts. Sometimes the prosecutor fails to disclose favorable evidence. Sometimes the government does not present sufficient evidence to support a conviction. Sometimes the jury is given improper jury instructions. Sometimes the judge is biased and refuses to step down or disqualify himself or herself. Sometimes the judge imposes an illegal sentence.
- Government agents may not originate a criminal offence and then induce commission of the crime so that the government may prosecute.
- The government may not obtain incriminating statements while a person is in custody without first advising that person of his Miranda rights.
- The government may not search a person or property without probable cause or a search warrant.
- The police may not stop a vehicle unless they observe a traffic violation or have a reasonable suspicion that a crime has been committed.
- The government may not obtain a search warrant without probable cause to believe that contraband or evidence of crime is currently at the location in question.
- The government is require to provide a defendant with all the evidence in its possession, including evidence that tends to prove that the defendant is innocent.
- The government is required to show that a crime has been committed and must prove beyond a reasonable doubt that the defendant committed that crime.
- The jury must be correctly instructed on the law of the case and cannot be mislead by those instructions.
- A trial court judge must be disqualified when a party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge. The appearance of impropriety or bias is of special concern where the branch of government involved is the judiciary.
- A trial court judge must impose a legal sentence under the law.
If you have been convicted of a felony or misdemeanor offense and believe that you have been improperly convicted or sentenced, you have a right to appeal the criminal conviction and sentence, and an opportunity to have the conviction or sentence overturned on appeal.
If you have been convicted in State court you have thirty days to filed a notice of appeal. If you have been convicted in federal court you have ten days to file a notice of appeal. If you do not file a notice of appeal within the required time you will forfeit your right to appeal.
Contact a lawyer discuss the possibility of an appeal. Our firm has represented clients on appeal. Many of these proceedings have resulted in reversal of the conviction and dismissal of the case or re-sentencing. Tampa Criminal defense attorney Daniel J. Fernandez can help guide you through the process. We have the experience and knowledge to pursue the best course of action on your criminal appeal.
If you have been convicted and sentenced in the Tampa Bay area and believe that the conviction or sentence is improper, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & Hernandez for a free consultation now on your criminal appeal.
Call Tampa Criminal Defense Attorney, Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com
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