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Melbourne Appeals/Post Conviction Attorney

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 a post-conviction lawyer at (321) 360-4446 or contact us online.

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.

What is the most common type of post-conviction relief?

Commonly, post-conviction relief is implemented when a person is realized to have had less-than-adequate legal assistance during their trial, sentencing or other related processes, resulting in their lack of knowledge and inability to confidently confirm the decisions that were made on their behalf.

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 with a post-conviction lawyer.

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.
  • Dismissed - awarded a new trial Mr. T. had been sentenced to 25 years in prison when he contacted Funk, Szachacz & Diamond. After the firm conducted a complete review of his trial and his trial counsel's performance, the attorneys confirmed that Mr. T. had received ineffective assistance of counsel. As a result, the firm filed a motion claiming that Mr. T.'s 6th Amendment rights were violated and the trial court granted a hearing. At hearing, the firm exposed the deficiencies of Mr. T.'s attorney and proved the 6th Amendment violation. Consequently, the trial court dismissed one 25 year sentence and awarded a new trial on the other count. Mr. T. is awaiting re-trial today. 25 years in prison Appeals/Post Conviction
  • Reduced Sentence- released from ICE custody Mrs. P. was in Immigration & Customs Enforcement (ICE) custody set to be deported/removed from the United States as a result of a conviction for Organized Fraud when the firm was engaged to help. She was one of four people convicted in a complex RICO prosecution conducted by the Office of the Statewide Prosecution in Sarasota County. As post-conviction counsel, the firm filed a 3.850 motion claiming ineffective assistance of trial counsel and was granted an evidentiary hearing. After presenting witnesses, documents and cross-examining her previous counsel for two days, the Government relented and reduced her conviction to a misdemeanor, credited her with time served and Mrs. P. was immediately released from ICE custody and reunited with her children in the U.S. Organized Fraud Appeals/Post Conviction
  • Discharged from both accusations. Mr. W. was arrested and charged with Armed Burglary of a Dwelling and Robbery with a Deadly Weapon. At trial, the attorneys moved the trial court to dismiss the case. This was denied and the attorneys took the injustice to the 5th District Court of Appeal in Daytona Beach seeking a dismissal based on the unusual Double Jeopardy Clause violation that occurred in the trial court. There, the appellate court sided with Mr. W. and he was discharged from both accusations. The case, Wynn v. Pound, 653 So.2d 1116 (Fla. 5th DCA 1995), is an oft-cited case for sua sponte mistrials. Armed Burglary Appeals/Post Conviction
  • Out of custody in 2+ years Ms. P. was serving a 37+ year prison sentence after having been convicted of numerous Lewd & Lascivious Acts with a Minor when the firm was first contacted. Realizing an injustice had occurred, Funk, Szachacz & Diamond agreed to handle the matter. The attorneys first appeared in the trial court after exhaustively investigating prior counsels’ actions. Soon, the battle continued to the 5th District Court of Appeal in Daytona Beach. There, the appellate court agreed with the firm that Ms. P. was entitled to competent counsel in her sentencing hearing. As a result, Ms. P. will now be out of custody in 2+ years by agreement of the Government. Lewd & Lascivious Acts Appeals/Post Conviction
  • Vacated Prison Sentence- Awarded New Trial When Mr. L. contacted the firm, he had been convicted of a Robbery with a Firearm after a jury had found him guilty and sentenced to 30 in years prison. The firm agreed to handle his direct appeal. Arguing prosecutorial misconduct, the appellate court agreed with the attorneys, vacated his 30 year prison sentence and conviction and awarded Mr. L. a new trial. Robbery with a Firearm Appeals/Post Conviction
  • Prison Sentence Was Vacated. When Mr. B. contacted the attorneys’ office, he was serving a prison sentence due to committing a new crime while on probation for 5 other crimes. The lawyers appealed, arguing the “new” crime was wrongfully found. The 5th District Court of Appeal agreed with the lawyers and Mr. B.’s prison sentence was vacated. Committing a New Crime While on Probation Appeals/Post Conviction
  • Acquitted of All Charges Hired as appellate counsel for Mr. F. after he was convicted of a Lewd & Lascivious Act Upon a Child, the attorneys successfully secured a reversal of his judgment and sentence in the Fifth District Court of Appeal. Further, pending the appeal, Mr. F. was accused of a murder-for-hire plot to kill witnesses. The attorneys accepted that accusation and after trial, Mr. F. was acquitted of all charges stemming from the murder-for-hire. Lewd & Lascivious Act Upon a Child Appeals/Post Conviction
  • Granted a New Trial When Ms. B. contacted the attorneys, she had been convicted of 3 crimes after a jury trial. The firm investigated the case and concluded that Ms. B. was provided with ineffective assistance of counsel. After the firm litigated the claim, the trial court granted Ms. B. a new trial due to the ineffective assistance of counsel claimed and proven by the attorneys. Convicted of 3 Crimes Appeals/Post Conviction
  • Agreed to re-sentence to probation When Mr. S. requested help from the attorneys, he had been convicted of Attempted Sexual Battery of a Child Under 12 and Lewd & Lascivious Act Upon a Child and sentenced to nearly 13 years in prison. After investigation, the attorneys filed a Motion for Post Conviction Relief claiming Ineffective Assistance of Counsel. On the day of hearing, the Government agreed to re-sentence Mr. S. to probation and no prison. Convicted of Attempted Sexual Battery Appeals/Post Conviction
  • Reversal of His Conviction and Death Sentence The attorneys were asked to serve as appellate counsel for Mr. B. after he was convicted of two murders and sentenced to death. The attorneys agreed to become Mr. B’s appellate counsel. They successfully briefed and argued before the Florida Supreme Court for the unanimous 7-0 reversal of his conviction and death sentence. Convicted of Two Murders Appeals/Post Conviction
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  • Avvo Kepler

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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