Criminal Appeals

After your criminal case has ended – either by trial or plea – you have the right to appeal the final outcome to a higher court, known as an appellate court, or Court of Appeal.  The appellate court will review your case and determine if the errors committed by the trial court are significant enough to reverse, or overturn, your final judgment and sentence and send your case back to the trial court.

 

Examples of error by the trial court include, but are not limited to:

  • Denial of a motion to suppress that should have been granted;
  • Denial of a motion to dismiss that should have been granted;
  • Excluding evidence that should have been admitted at trial;
  • ​Admitting evidence that should have been excluded at trial;
  • ​Allowing a juror to decide your case who was not fair and impartial;
  • ​Allowing disparaging or inappropriate remarks from the prosecutor in closing argument at trial;
  • Giving an incorrect legal instruction to the jury prior to the jury deciding your case;
  • Failing to declare a mistrial when a mistrial should have been granted.

 

At Burkhardt Legal, we would review the entire court record of your criminal case to identify where the trial court committed errors, and how that negatively impacted the final outcome of your case.  Next, we would file an appellate brief that thoroughly presents legal arguments as to why your case should be reversed.  Finally, if applicable, oral arguments would be presented to a panel of appellate judges on why your case should be reversed.

 

In the legal industry, many lawyers handle either trial work only or appellate work only, but at Burkhardt Legal, we are uniquely experienced with both taking criminal cases to trial and handling appeals of criminal cases.  Our extensive knowledge of criminal law and trial procedure, along with how to effectively identify and present your case on appeal, makes us the best choice to represent you in your appeal.  Do not delay in contacting an attorney to discuss your appeal – there is a limited amount of time after your case has ended to file an appeal! Contact Burkhardt Legal today at (561) 445-1555 or (954) 861-0018 to find out how we can help you after your case has ended.

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Burkhardt Legal provides the experienced
legal representation you need when facing
a criminal court case. Just as important,
we care about you, where you are coming
from, and how we can help you achieve
the best possible outcome in your case.

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Burkhardt Legal is dedicated to providing high-quality legal representation to individuals in the South Florida community, distinguished by a commitment to justice, integrity, and the zealous advocacy of its clients’ rights and interests. We will take the time to research your situation completely and we will fight hard to achieve the best possible legal outcome in your case.