Grounds for Appeals

Being accused of committing a criminal offense is an experience like no other. From your arrest, through the booking process, and up through your trail, it may seem as if everyone is hoping to see you fail. Before you even go in front of the judge, you can feel as if you’re already guilty just from how people are treating you.

Friends and family aren’t supporting you as you need them to and it may even seem as if your attorney is doing the bare minimum to represent you. With all of that aside, you hope that through the trial process, the jury will conclude that you are not guilty of the presented charges and you’ll be able to go back to your normal life. However, the opposite happens. The jury finds you guilty of all charges, and all of your naysayers’ beliefs are affirmed, but your case doesn’t have to end here.

An Orlando appellate lawyer with the Umansky Law Firm can present your request for an appeal and serve as your legal representation throughout the appeals process. As much as the legal system is designed to be faultless, we understand that errors do occur, and in some cases, they lead to an unjust criminal conviction. We possess the legal knowledge of the appeals process and what it takes to have a request approved. If you believe that any of the following instances were relevant in your trial, contact The Umansky Law Firm.

Poor Assistance of Counsel

Do you believe your legal counsel did very little to benefit your case? Did it seem as if the plea deal was the only thing on their radar and actually presenting a sufficient defense was not a part of the plan? We may be able to help. When you make this claim for an appeal, you will have the ability to acquire us as your legal counsel in place of your past attorney. Our job will be to make the case that your past counsel’s performance was inadequate and that his or her inadequacy led to your conviction.

Discovery of New Evidence

The appeals process is designed to present new evidence, but the discovery of new evidence is a reasonable ground to request an appeal. This claim is relevant if you believe pertinent evidence was overlooked, unavailable at the time, or recently discovered. A prime example of such an instance is if you were convicted of murder, but DNA results later prove your innocence. An appeal can result in your case being dismissed if the newfound evidence is properly presented.

Prosecutorial Misconduct

To have a trial retried as a result of prosecutorial misconduct, you must prove that either the police, the prosecution or both acted unfairly or illegally during the trial. A few manifestations of prosecutorial misconduct include the admission of a false testimony, the omission of possibly exonerating evidence or any other type of unjust acts. One can also pursue this as a grounds for an appeal even if the action was done unintentionally.

Aggressive Orlando Appellate Lawyers

These are just a few of the many reasons to appeal a criminal conviction. The seasoned appellate lawyers at The Umansky Law Firm can make you aware of all of the legal options available to you and help you reach a favorable conclusion to your case. Contact us today at 407-228-3838 for a free case evaluation.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

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
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$1,600,000

Sexual Assault Victim

$1,600,000

Car Accident

$290,000

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$200,000

Trip and Fall

$150,000

Car Accident

$110,000

Car Accident

$100,000

Car Accident

$290,000

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$120,000

Car Accident

$100,000

Car Accident

$125,000

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$125,000

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$275,000

Car Accident

$100,000

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$300,000

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$100,000

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