Direct Appeals

“If you accept this plea deal, you are likely to get a much lighter sentence and avoid a possibly lengthy trial,” expresses your criminal defense attorney. As favorable as he attempts to make it sound, you choose not to accept the plea deal. Your attorney doesn’t support your decision but understands that as your legal representation, he has the duty to provide you with effective assistance of counsel.

The trial commences, and you remain hopeful that it will conclude with you being proven innocent for all presented charges; however, the opposite happens. The jury comes back with a guilty verdict and the judge sentences you to the maximum allowed sentence for the crime. As discouraging as this may be, it is vital that you remain aware of the legal options available to you.

The Orlando direct appeals lawyers at The Umansky Law Firm have the legal experience to get you through a possibly tedious appeals process. We can file the necessary paperwork, present your case, and even present oral arguments in court. Rest assured knowing that your direct appeals lawyer will look out for your best interests throughout the entire appeals process. Contact The Umansky Law Firm today to start discussing your legal options.

How the Direct Appeals Process Works

A direct appeal can come as a result of numerous instances. If you believe you were unfairly sentenced, received subpar representation from your legal counsel, or that there was any other miscarriage of justice, you have the right to request an appeal. We highly suggest that you have someone other than your trial lawyer serve as your appellate lawyer. Your new attorney will approach the situation with fresh eyes, and can uncover errors your former attorney overlooked.

After your conviction, you’ll have 30 days to file a notice of appeal. We will file the appropriate documents on your behalf for the appeal to be considered. The prosecution will then file a response brief, and we will have the opportunity to file a response brief soon thereafter. If we find it necessary, we can request oral arguments to allow us to explain the issue further and clear up any uncertainties. After both sides have submitted their respective briefs, it is up to the appeals court judge to rule on the matter.

Possible Results of a Direct Appeal

Oftentimes, the appeals court judge will make a decision based on the briefs alone. Oral arguments only occur if the judge deems them necessary. If the judge upholds the decision of the lower court, your appeals case is usually over unless you choose to appeal to a higher court. However, if the judge rules in favor of your appeal, he or she can have your case remanded or overturn the decision altogether.

If the judge remands your case, he or she can have the lower court judge consider new evidence, reconsider presented facts, order a new trial, or any other further actions he or she sees necessary. The appeals process can be highly beneficial, but your chances of having your appeal approved significantly improve when you acquire a seasoned appellate attorney.

Knowledgeable Orlando Appellate Lawyers

The Orlando direct appeals lawyers at The Umansky Law Firm understand the importance of getting an appeal right the first time and will do everything in their power to have your criminal conviction reconsidered. The law allows you 30 days to take action. Don’t waste any more time. Contact us today at 407-228-3838 for a free case evaluation.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

More Settlements