The 14th Amendment to the United States Constitution prevents states from depriving people of “…life, liberty, or property without due process of law…” The same right is found in Article 1, Section 9 of the Florida Constitution.
Appealing a Violation of Due Process Rights
As a criminal defendant, you have certain rights—known as procedural due process rights—that cannot be violated. For example, you have the right to:
- An unbiased court
- Receive notice of the charges against you and the actions the state intends to take
- Present reasons why the actions the state wants to take should not be taken
- Present evidence, including witnesses, when making your case
- Know about the evidence against you
- Cross-examine the state’s witnesses against you
- A decision that is based only on the evidence presented
- Be represented by an attorney
- Have the court prepare a record of all of the evidence presented
- Have the court issue its findings of fact and the reasons for its decision in writing
If any of these rights are violated, your appellate attorney will talk to you about your right to appeal or other post-conviction relief.
Due Process Rights During Appeal
You do not have the right to an appeal in the same way that you have a right to a trial. The state does not need to grant your request for an appeal. However, the state must:
- Have an appeals process
- Decide who gets to appeal in a fair way that does not discriminate against people who may not have the financial resources to afford an appeal
If you face a criminal sentence and you believe you have grounds to appeal, it is important to contact an experienced Florida appellate attorney as soon as possible. Attorney Robert Malove will make sure that any violations of your due process rights are part of your appeal and that your due process rights are protected during your appeal. Call today to find out more!