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Fact or fiction? Dispelling the top 4 myths about post conviction criminal appeals in Tampa
July 23, 2020

The legal process is supposed to ensure a fair outcome, but the system isn’t always perfect. Legal errors, such as mistakes made by a judge or lawyer, can have major consequences for those involved in the case.

If you were convicted of a crime and you believe a legal error or other mistake affected your case, you do have options.

At Candela Law Firm, our legal team frequently handles post conviction criminal appeals in Tampa for those who are seeking a better resolution of their case. To help you learn more, we’re sharing some of the most common myths and misconceptions about this legal process:

Myth #1: A post conviction appeal is a retrial

An appeal is not a retrial, and you will not be allowed to introduce new evidence. Going through the appeals process does not guarantee that you’ll be able to retry the case, either.

Instead, an appeal allows you to challenge any procedures that you feel were faulty during the original trial. For example, post conviction criminal appeals in Tampa might be filed because:

  • The lawyer was incompetent and made an error.
  • The judge made an error in interpreting the relevant law.
  • The verdict was unreasonable or not supported by evidence.
  • There was misconduct on behalf of the prosecutors.
  • The defendant’s constitutional rights were violated.

Myth #2: The only successful outcome of a conviction appeal is a retrial

A successful post conviction appeal does not always result in a retrial, but it can in some cases.

Depending on the details of the case, and why the verdict is being challenged, successful outcomes can also include:

  • Sentence modification.
  • Release from jail.
  • The case may be “remanded,” which is when it is sent back to the lower court for reconsideration.

Myth #3: If the appeal is denied, you can take it to the Supreme Court

Another common myth is that if the appellate court in your jurisdiction denies your criminal appeal, you can just keep taking it higher until you reach the U.S. Supreme Court. This very rarely occurs. The truth is, the U.S. Supreme Court is highly selective and only accepts a small percentage of cases.

This is why it’s important to hire a qualified attorney to handle your initial appeal. While a successful result can’t be guaranteed, you’ll have a better chance of success by choosing an experienced legal team.

Myth #4: Everyone has a legal right to file a post conviction appeal

If you are unhappy with the outcome of your criminal case, unfortunately, you don’t automatically have a legal right to file an appeal.

As mentioned above, the post conviction criminal appeals process in Tampa allows you to challenge the verdict based on a specific legal basis, such as errors or incompetence.

Speak with an attorney about your post conviction criminal appeals in Tampa

Were you or someone you know recently convicted of a crime? Do you suspect the case was harmed due to a legal error? If so, you may be able to challenge the court’s ruling.

At Candela Law Firm, our board-certified criminal defense lawyer can review the facts of your case, and determine whether you have a legal right to file an appeal. Contact us today to set up a consultation at our office in Tampa, FL.

Fact or fiction? Dispelling the top 4 myths about post conviction criminal appeals in Tampa
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