Appellate

Civil Appeals

Generally, a party may only appeal a case decision or interim ruling where there has been an error of law or procedure. Factual determinations by a jury are not subject to appeal. Errors of law or procedure may occur in a variety of ways, including:

1. Incorrect instructions given by the judge
2. Incorrect evidentiary rulings
3. Incorrect application of a statute
4. Incorrect applications of constitutional protections (4th Amendment, for example)

Because of our experience as advocates in numerous appeals, the appellate lawyers of BROWNSTONE has been retained solely for the purpose of prosecuting the appeal after another firm has been unsuccessful in the initial trial. Sometimes, it is the client who initiates the contact and sometimes it is the trial attorney who handled the original civil case. No matter how the case comes to us, our first course of action is usually to speak with the original trial lawyer in order to gain insight regarding the strengths and weaknesses of the case, and what the issues of appeal may be.

Criminal Appeals

If you are still at the pre-trial or trial stage, and you believe that you want to retain our law office to handle your appeal in the event that you lose at trial, it is often best to have us consult with your trial attorney prior to, and during, trial in order to make sure that all issues are spotted, raised at trial, and preserved for appeal.
If you have already been convicted, it is very important that you file your Notice of Appeal within the required time period. If you have not yet filed your Notice of Appeal, speak with your trial attorney about doing so immediately, or contact our office immediately.
If you are interested in retaining the services of our law firm, please fill out this short form for a free, no obligation, confidential case evaluation. We will review the information and respond within one business day.

Post-conviction Relief in State and Federal Courts

BROWNSTONE has successfully appealed criminal convictions in the state and federal appellate courts of Florida.  Contact our Orlando office to arrange a free initial consultation about a criminal appeal.  BROWNSTONE will explain exactly what the legal grounds for appeal are, suggest possible courses of action, and help you decide how to proceed.  Our goal is to provide the most powerful representation to every client.

Post-conviction relief may be available if there was an error in the trial or hearing that resulted in conviction.
The firm specializes in post-conviction work as well.  We file post-conviction motions such as 3.800, 3.850, and writs of habeas corpus.

Legal Grounds for a Criminal Appeal

An appellate attorney does not ask to have the appellate court try the criminal case again.  An appeal may challenge conviction or sentencing.  Grounds for a criminal appeal include procedural errors in the original trial.

If the criminal trial process violated your constitutional rights, you have grounds for an appeal. 

If your right to fair treatment and due process in the justice system was violated, you may be eligible for post-conviction relief.  If you have any doubts about whether police and court procedures were followed properly during your arrest and trial, you should talk with a criminal appeals attorney about your position. Call or e-mail Brownstone to make arrangements for a free consultation.

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