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Melbourne Appeals/Post Conviction Attorneys

Board Certified Appellate Lawyers: Call (321) 360-4446

Appeals focus on trial court errors, rather than introducing new evidence. If a judge’s ruling is contrary to federal or state law, there may be grounds for appealing that court’s decision. The Melbourne appeals and post-conviction lawyers at Funk, Szachacz & Diamond offer a full scope of legal services in Florida’s appellate court system and the federal appellate court system.

If you have a question about the appellate process, call (321) 360-4446 to speak with a member of our staff.

The Appeals Process

There are significant differences between the trial court and appeals process. The ultimate goal is to determine disputed facts and written arguments are submitted to the court. It is essential to have an experienced appellate attorney handle your appeal. Our appeals and post-conviction attorneys represent clients in all phases of the appellate process.

The specific process can vary, but the general appellate process may include:

  • Notice of Appeal – A Notice of Appeal must be filed with the clerk of the trial court within 30 days from the final judgment.
  • Preparation of the Record – The clerk prepares the record and transmits it to the appellate court. This includes documents, transcripts of hearings and trials, and the orders and judgments issued by the trial court.
  • Appellate Briefing – Arguments are presented to appellate judges in appellate briefs. This is not new evidence, but legal arguments regarding the interpretation of law and application of the law to the facts of the case by the original trial court. The appellant’s attorney submits an Initial brief, the party who prevailed in the lower court prepares an Answer brief, and appellant then rebuts the argument in a Reply brief.
  • Oral Argument – In some cases, one party may request that the court allow oral arguments. When this happens, each side presents oral arguments and judges may ask questions.

The court’s decision is generally issued in writing and an opinion explaining the decision may be provided, but this is not always the case. In most cases, a decision in a state appeal is issued within six months. In federal appeals, it can take up to two years or more for a decision to be issued.

Board Certified Attorneys to Handle Your Appeal

Every attorney in our firm is a board certified criminal defense attorney. We conduct an analysis of the proceedings from pretrial through sentencing to determine if there are any relevant appellate issues. We can advise you about appeals and other post-conviction relief, such as sentencing reduction or modification, motion to withdraw a plea, and motion to vacate judgment and sentence.

The appeals process varies widely, depending on the situation. Call (321) 360-4446 to schedule a consultation.

Our Case Results

From murder charges to alleged fraud, our case successes speak for themselves. Our clients themselves testify to the premium care that our firm holds as a standard for all of our cases.
  • No Incarceration “Pizza Hut” Homicide
  • Dismissed 10 Counts of Lewd and Lascivious Acts upon a Child and 2 Counts of Felony Interference with Custody.
  • Dismissed 13 Count Indictment
  • Dismissed 15 County Fraud Throughout Florida
  • Acquitted 166-Counts of Fraud Involving Space Vehicle Parts
  • Dismissed 18 Count Indictment
  • No Incarceration 1st Degree Felony
  • Acquitted 1st Degree Murder
  • Dismissed 1st Degree Organized Fraud, Felony False Statement and 2nd Degree Felony Misapplication of Funds.
  • Dismissed 2 Counts of Willful Malicious Burning of Lands in the Infamous Mothers Day Fires in Palm Bay, Florida
  • ICC
  • ECCC CETC
  • NACDL
  • Brevard County Bar
  • American Inns of Court
  • National Trial Lawyers Top 100
  • World Justice Project
  • Avvo Alan
  • Avvo Kepler
  • FACDL

Contact Us Today

Entrust your case to a proven and esteemed defense team.
  1. All of our attorneys are certified by the Florida State Bar, making them the only all certified team in the state.
  2. We do not cut corners. Every case is handled with the utmost integrity and complete honesty.
  3. From NASA employees to school teachers, our team has an undeniable track record of success.
  4. We take your case seriously and personally. You deserve diligent representation.
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