Appeals And Post-Conviction Motions

Experienced Representation For Your Appellate Case

If you believe a legal error that was committed by your attorney, the prosecution or the judge during your criminal trial had a significant, harmful effect on the outcome, you may appeal the decision or file a motion for post-conviction relief based upon various legal grounds. You may also appeal a verdict if you believe the evidence did not support it or if the sentencing did not follow state or federal guidelines.

At O'Brien Hatfield, PA, we represent clients who seek to appeal federal and state criminal law decisions. We can also assist other law firms that do not do appellate work. Our appeals and post-conviction motion attorneys will begin by reviewing your case and discussing your chances of success. If we determine that there are no legal grounds for an appeal, we will tell you immediately.

We have achieved tremendous appellate and post-conviction results, including vacating a life sentence in the case of UNITED STATES v. RODRIGUEZ. As a result of our efforts, the Eleventh Circuit Court of Appeals vacated our client's life sentence and remanded the case to district court. We made sure that justice was served for our client, whose family had hired us after he was sentenced to life in prison while being represented by a court appointed (CJA) lawyer. View more appellate and post-conviction wins.

Learn The Basics Of An Appeal

It is important to understand that appealing a criminal court decision is a challenge. The burden of proof lies with the party making the appeal. To successfully appeal, you must have credible evidence to support your assertion that a legal error negatively affected the outcome of your case or that the evidence presented at your trial did not support the verdict.

The appellate court does not conduct a new trial. It reviews the record of the trial and may either:

  • Affirm the trial court's decision
  • Order a new trial
  • Modify the ruling
  • Consider new facts or evidence, though this is rare
  • Throw out the case, which is extremely rare

Find Out About Post-Conviction Motions

There are times when an appeal is not possible. This may be because an objection was not made in time, the final judgment has not been entered but the defendant needs the matter addressed immediately, the matter is urgent, an appeal has been unsuccessful or deadlines have expired. In these cases, filing a post-conviction motion may be effective. Depending on the specifics of your case, you may file a motion to withdraw a plea, a motion for a new trial, a motion to set aside a sentence, a habeas corpus petition or a motion that you received ineffective assistance of counsel, to name a few.

Contact A Federal And State Appeals Attorney

At O'Brien Hatfield, PA, our results for many of our clients facing state and federal appeals speak for themselves. For a free initial consultation, please call our Tampa office at (813) 228-6989, the Orlando office at (407) 808-6750 or contact us online.