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If you are dissatisfied with the court's decision in your recent trial in Miami, the appeals process is available to enable you to make another attempt at defending your case. A criminal lawyer should be consulted throughout this entire process to ensure that your appeal is one that counts. A Miami criminal lawyer can help you understand the appellate system, and sift through complex paperwork and procedures. When Can You Appeal? You can appeal a court decision if you feel the penalty issued was too severe or if you still maintain that you are not guilty of the charge. You must appeal within 28 days of your sentence date, so it's imperative that you speak with a criminal lawyer in the Miami area as soon as possible. The process of starting an appeal is called lodging a "Notice of Appeal." If you don't yet have a criminal attorney when you lodge your appeal, you can ask for assistance from court staff. If already incarcerated, you can ask for an appeal from the prison/jail and ask to speak with your Miami criminal attorney. An appeal fee may be required, but you might be able to pay this later if you are unable to afford it right away. When you fill out a Notice of Appeal, you must indicate the reason for the appeal - either not guilty (conviction appeal) or penalty too severe (severity appeal). At the hearing, you can present more evidence to the District Court during a severity appeal. If a conviction appeal, you must receive permission from the District Court to present any new evidence. Tips to Find a Good Criminal Lawyer Look for a criminal lawyer that's experienced in the appellate process. You'll want to speak with a local lawyer that can be readily available as you need advice or assistance. If you live in Miami, Fort Lauderdale or a nearby area, seek a lawyer that practices in these areas and who is familiar with the local and district court systems. Ask about the success rate of past appeal cases, hourly fees, and if the lawyer feels you have a chance to win your appeal. Notice if he seems to be genuinely interested in your case and if he listens carefully as you explain your situation. This is important if you want a criminal attorney that will truly work hard for your goals. Use online resources to find a Miami or Fort Lauderdale criminal lawyer. View the lawyer's website and read about his credentials before scheduling an interview. If you are in prison and don't have access to a computer, ask a friend or family member to do the online research for you. The appellate system can be complex, especially if you are still unhappy after the first attempt to appeal and wish to appeal to higher courts. An experienced, trustworthy criminal lawyer can give advice for the best possible outcome in either situation.
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