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2024
by Katz & Phillips, P.A. All rights reserved.
An appeal is a process that allows someone to challenge the decision of a lower court.
In order for an appeal to be successful, there must be errors in the lower court’s ruling that can be identified and corrected, and they must have been significant enough to potentially change the result of the case.
Every defendant enters the appeals process with the hope that their conviction will be overturned.
Unfortunately, this isn’t always the outcome. Lost appeals are a reality of the law.
If this happens to you, it’s important to understand what happens next. Continue reading for more information, then contact Katz & Phillips, P.A. to speak with an attorney about your options.
When someone loses an appeal, it means that the judge or judges of the higher court agrees with the original judgment by the lower court.
This usually happens for one of two reasons: either the lower court didn’t make any mistakes, or any errors that did occur weren’t serious enough to merit changing the ruling.
For example, if the lower court used incorrect terminology or made a mistake in instructions given to the jury, but the error didn’t change the outcome of the trial, then the appeal would likely be lost.
Another reason could be that the evidence presented by the prosecutors was simply too strong to be successfully argued against in an appeal.
All hope is not lost after you lose an appeal. If you believe that a mistake was made in your case, there may be additional options available to you.
This is a petition to the appellate court requesting that it reconsider its decision. While this course of action is only sometimes successful, it may be a viable option if you can show that the court overlooked critical facts in your case.
If you choose this option, you’ll have only one opportunity to pursue it; if the appellate court denies your motion for rehearing, you won’t be able to request any further appeals.
If your case was heard by the state appeals court, you may be able to appeal the decision to the highest court in the state, such as the Florida Supreme Court.
As with the other possible options, the chances of this being successful are slim, but it may be your best recourse if you’re confident that the lower court made mistakes in your case.
In some cases, you may be able to pursue a more favorable outcome through alternative dispute resolution methods such as mediation or arbitration. This is especially true if your case involved a civil matter, such as a contract dispute or copyright infringement.
This option is less likely to be available in criminal cases, however.
While nobody wants to accept a conviction, sometimes it is the best course of action in terms of time and money spent.
Before making any decisions, though, you should carefully weigh all of your options with the guidance of an experienced criminal defense attorney.
At Katz & Phillips, P.A., we know how frustrating it can be to lose an appeal. Our attorneys are committed to helping our clients understand their rights and find the best path forward before and after an appeal.
Whether you’re just starting the appeals process or need help exploring your options after a lost appeal, our criminal defense lawyers in Orlando are here for you.
Contact us today at (321) 332-6864 to schedule a consultation and get the guidance you need.