DIRECT APPEALS
All individuals convicted of a criminal offense following a trial are entitled to appeal that conviction to the appropriate appeals court. An appeal is the individual’s opportunity to argue that he or she was not provided with a fair trial, as guaranteed by the Florida and United States Constitution.
When handling an individual’s appeal, Ponall Law will exhaustively review all the records and transcripts in the case to determine whether there was sufficient evidence to support the conviction, and whether the trial judge, the prosecutor, or the individual’s own attorney made an error which deprived the individual of a fair trial.
Appeals are generally argued both in writing and at an oral argument. They are generally decided by a panel of three judges in a higher court than the court in which the trial was conducted.
Ponall Law has extensive experience arguing appeals in the Fifth and Sixth District Court of Appeal, the other Florida appellate courts, the Florida Supreme Court, and the Eleventh Circuit Court of Appeals. They have a proven record of success of obtaining reversals of convictions in serious cases.
POST-CONVICTION RELIEF
Ponall Law has a proven record of success in pursuing post-conviction relief for clients who stand convicted and sentenced for serious criminal offenses. You may have the option of pursuing post conviction relief if you lost your initial appeal, you were provided ineffective assistance of counsel by your trial or appeals lawyer, or you entered a plea based on misadvice of counsel or a lack of understanding of the charges and penalties you were facing.
Post-conviction relief options include:
Rule 3.850 Motions
Within 2 years of your conviction or your initial appeal being denied, you may be able to attack your conviction and sentence by filing a Rule 3.850 Motion for Post-conviction Relief. Contact Ponall Law immediately to see if this option is available to you or someone you know. Ineffective assistance of counsel, involuntary pleas, double jeopardy, and illegal sentences are just some of the issues that can be addressed in a Rule 3.850 Motion.
Rule 3.800 Motions
Illegal Sentences, Scoresheet Errors, Double Jeopardy, and unconstitutional sentencing statutes, including the Prison Releasee Reoffender statute, can often be addressed through a Rule 3.800 Motion. These issues can sometimes be addressed after the 2 year deadline for filing a Rule 3.850 Motion has expired.
Ineffective Assistance of Counsel
If you believe you were not properly represented by your trial attorney or the attorney that represented you on appeal, you may have the ability to challenge your conviction and sentence on that basis. Ineffective assistance of trial counsel can be raised in a Rule 3.850 Motion for Post-conviction Relief. Ineffective assistance of appellate counsel can be raised in a petition filed in the appeals court pursuant to Rule 9.141 of the Florida Rules of Appellate Procedure.
Federal Habeas Corpus Petitions
If you have been convicted in federal court or have exhausted all the avenues of appeal on your conviction in state court, you may be able to challenge your conviction by filing a habeas corpus petition in federal court. There are strict time deadlines for filing these petitions in federal court. Contact Ponall Law immediately to discuss whether this avenue of relief is available to you.
Extraordinary Writs
Ponall Law has an established history of success in filing extraordinary writs. Writs are used when a particular issued, including double jeopardy, recusal of a trial judge, or certain pretrial issues must be addressed by an appellate court prior to the defendant’s trial.
Ponall Law has effectively filed Petitions for Writs of Prohibition in Stand Your Ground Self-Defense cases. Ponall Law has also successfully pursued Petitions for Writs of Certiorari, Writs of Mandamus, and Writs of Quo Warranto in the appellate courts throughout Florida.