Appeals and Post-Conviction Attorney in Brandon
A conviction is not necessarily the end. Curry Law Group handles criminal appeals and post-conviction relief to challenge unjust convictions.
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Direct Appeals
A direct appeal challenges a conviction or sentence based on errors that occurred during trial. Grounds include improper jury instructions, evidentiary errors, prosecutorial misconduct, and constitutional violations. Appeals must be filed quickly.
Post-Conviction Motions
After exhausting direct appeals, post-conviction motions may raise new evidence, ineffective assistance of counsel claims, or newly discovered constitutional violations. Rule 3.850 motions in Florida provide a mechanism for these claims.
Ineffective Assistance of Counsel
If your trial attorney failed to provide adequate representation — failed to investigate, present defenses, or object to improper evidence — you may have grounds for post-conviction relief.
Newly Discovered Evidence
If new evidence comes to light after conviction, including DNA evidence, recanted testimony, or newly discovered witnesses, we can petition the court for a new trial or sentence reduction.
Frequently Asked Questions
How long do I have to file an appeal? Direct appeals typically must be filed within 30 days of sentencing. Post-conviction motions generally within 2 years of conviction becoming final. What grounds exist for appeal? Trials errors, constitutional violations, newly discovered evidence, and ineffective assistance of counsel. Does filing an appeal mean I get a new trial? Not automatically. Appeals courts may affirm, reverse, or remand for new proceedings.
Contact Curry Law Group Today
If you believe your conviction was unjust, Curry Law Group can evaluate your appeal options. Call 813-653-2500 for a consultation.
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Key Legal Terms
Important Criminal Law Terms
Understanding these terms can help you make informed decisions about your case.
Acquittal
A decision by a judge or jury that the evidence did not prove the defendant's guilt. The person is released and cannot be tried again for the same charge.
Read full definitionArraignment
A defendant's first formal court appearance after arrest, where charges are read, a plea is entered, and bail may be set. It marks the start of formal criminal proceedings.
Read full definitionAssault and Battery
The use of physical force against another person. In Florida, simple assault is a threat or attempt, while battery involves actual contact, and both can be charged as misdemeanors or felonies.
Read full definitionBail
Security posted to secure a defendant's release from jail pending trial, conditioned on appearing in court. Florida judges set bail based on the charge, criminal history, and flight risk.
Read full definitionBench Warrant
A warrant issued by a judge, typically for failing to appear in court or violating a court order. An outstanding warrant can lead to arrest at any time.
Read full definitionBurglary
The unlawful entry into a building or structure with intent to commit a crime inside. Florida treats it as a felony, with enhanced penalties if a weapon was involved.
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Top-Asked Questions
No. Always politely decline to answer questions and request an attorney immediately. Anything you say can be used against you, even if taken out of context. Police are trained to extract information, and you have the right to legal representation. We strongly advise invoking your right to counsel before any questioning.
Misdemeanors are less serious crimes (shoplifting, simple assault) punishable by up to one year in jail. Felonies are more serious (burglary, drug trafficking) and carry sentences of more than one year or potentially life imprisonment. The charge type affects penalties, sentencing guidelines, and your rights.
Yes. Charges can be dismissed if evidence is insufficient, if your constitutional rights were violated (illegal search), if the statute of limitations expired, or if the prosecutor agrees to dismissal. We investigate the evidence thoroughly and file motions to suppress illegally obtained evidence and challenge weak cases.
At arraignment, you're informed of charges, advised of your rights, and bail/bond is set. You enter a plea (not guilty, guilty, or no contest). It's critical to have an attorney present—what you say and do affects your entire case. We protect your rights from the first court appearance.
You can go to trial (where guilt must be proven beyond reasonable doubt), negotiate a plea deal with reduced charges/sentences, or pursue other resolutions. We evaluate the evidence strength, witnesses, and prosecution's case to advise you on your best option. The decision is always yours.
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