Fort Lauderdale Appeals Attorney
We know there are thousands of innocent people in prison today, and the only way to get them out is to successfully appeal their case to a higher Court. In those cases where our clients have been wronged by the judicial system, the Law Office of Steven J. Hammer, P.A. has filed appellate briefs and argued before the appellate courts on their behalf; and has been able to help our clients get out of prison and back home to their families.
When the police violate your constitutional rights either by an illegal search or an illegal arrest; or if an individual has gone to trial and been found guilty, or has entered a plea to the trial court and been improperly sentenced; there are a number of steps available to challenge that violation of your constitutional rights, that guilty verdict, or that illegal sentence that was imposed by the judge. The Law Office of Steven J. Hammer, P.A. has an experienced legal team that has filed successful post-trial motions, direct appeals, and writs to challenge these wrongs committed by the police, prosecutors and judges. There are strict time limitations for each of these remedies, and the failure to abide by these time limitations may bar an individual from filing such motions, appeals, or writs. Therefore, please keep in mind that time is of the essence in contacting us to assist you or a loved one.
What is an Appeal?
An appeal is a request to a higher court (known as the Appellate Court), for that court to review and change the decision of the lower court, (known as the trial court). Because the trial court will rarely admit that they were wrong in their decisions during the course of a trial, motions filed after a trial requesting the trial court to reconsider their rulings, or grant a new trial are usually denied. Therefore, the only remedy to overturn a guilty verdict or challenge the sentence imposed by the trial court is the filing of an appeal.
What is a Writ?
A writ is another method to challenge the decisions of the trial court, and is generally used in situations where the defendant has no other adequate legal remedy to challenge the issue, such as a direct appeal. Examples of situations where an issue may not be raised in a direct appeal, but could be raised by way of a writ are the denial of bond pending trial; where a final judgment has not yet been entered by the trial court, but the party seeking the writ needs immediate relief in order to prevent an injustice or unnecessary expense; or where the defendant has filed his direct appeal, and has been denied relief, a writ may be filed by the defendant to challenge points that he was precluded from raising in his direct appeal.
Additionally, defendants who want to challenge the legality of their imprisonment, or the conditions in which they are being imprisoned, may seek help from a court by filing an application for what is known as a "writ of habeas corpus". A writ of habeas corpus is a way to guarantee that an individual who is sentenced to serve time in prison is afforded his constitutional rights, and gives that individual the right to ask an appellate judge to set them free or order an end to improper jail conditions.
How Can the Law Office of Steven J. Hammer, P.A. help?
The Law Office of Steven J. Hammer, P.A. has an appellate team whose sole focus is to generate successful writs and appeals to the higher courts. Our appellate team, led by Attorney Steven J. Hammer has been successful in aiding our clients get new trials or reversals of their convictions of serious felony convictions such as murder, sexual assault, drug trafficking, and other serious crimes; and in some instances, an outright dismissal of their cases. Mr. Hammerís excellent research and writing skills have earned him a reputation with the State as a formidable opponent, and with the appellate courts as a true believer in his clients.
Remember, time is of the essence in the filing of post-trial motions, appeals and writs. If you are interested in challenging a violation of your constitutional rights, reversing a criminal conviction, or correcting an illegal sentence imposed against yourself or a loved one, we encourage you to Contact us now for a free/no obligation consultation during which we can discuss the possibility of success and the process involved.
Contact Fort Lauderdale Criminal Defense Attorney Steven J. Hammer
440 South Andrews Avenue, Fort Lauderdale, Florida 33301