Being charged with a theft crime could lead to a number of different penalties depending on the circumstances of the case. For example, petit theft and grand theft are two different categories of crime that will result in either lower or higher fines; grand theft usually indicates stealing more than $300 in property and can lead to a prison sentence of 30 years. If you’ve been convicted of theft and are facing high fines and years in prison, your next step is to appeal the court’s decision.
Appeals involve taking your case to a higher court, which will look at the previous evidence and testimony presented, evaluate the validity of the court's decisions, and render a verdict on whether or not the smaller court was in error. In order to make an appeal, you must be able to show that evidence introduced at trial was insufficient to support a guilty verdict, the trial court made an incorrect ruling on a pretrial issue, the trial court erroneously failed to excuse a particular jury member who clearly demonstrated prejudice against you, the trial court erred in the jury instructions that were given to the jury. Likewise, if your sentence exceeded the maximum punishment allowed, this would also be grounds for an appeal.
Appellate court rulings can also result in one of a few scenarios. The appeals court will uphold the conviction, modify the judgment, remand to the trial court, or reverse the judgment of the trial court. In the last case, it is entirely possible the court will discharge your case completely, depending on the circumstances.
The appeals process can be complicated and challenging, especially in a shorter time frame. It’s best to pursue an appeal with the assistance of an experienced Miami criminal defense attorney. The founder of the Law Office of Michael Mirer, P.A., Michael Mirer, is a skilled and highly rated criminal defense lawyer who has dedicated his practice to defending his clients’ rights and freedoms. Let him see what he can do for your situation. As a former prosecutor, Attorney Mirer is knowledgeable about how the opposition thinks. Whether you are facing a state or federal sentence, he can help.
Contact us by phone or fill out our online form to schedule your free case evaluation today.