What happens after conviction?
Post Trial Motions
For instance, you can file a Motion for a New Trial, and should renew in writing your Motion for a Judgment of Acquittal with factual and legal references. This may be the time to consult with an appellate attorney in order to identify and research the appropriate issues and perhaps prepare the post-trial motions and memoranda.
Preparation for Sentencing.
In Federal court and in most State courts, if the conviction for a felony is the first conviction, the Probation Office does a Pre-Sentence Investigation which is given to the judge for his or her consideration of an appropriate sentence. If you are not in such a category, you may be sentenced on the spot.
If you believe that this may occur, you need to have a sentencing package ready to present to the judge in order that the determination of how much if any time that you spend in jail is a considered judgment, not something quickly arrived at using a chart.
Pre-conviction you should ascertain whether your trial lawyer has prepared such a package and, if not, assure that a persuasive package stressing your life history, your accomplishments, how important you are to your family and community are presented along with other, creative alternatives to incarceration are presented, for instance, probation, monitored probation, a short period of incarceration followed by probation, a short term of shock incarceration.
Application of federal and state sentencing guidelines.
Sentencing at which time witnesses can be presented and the rules of evidence are somewhat relaxed.
Formal Judgment entered in writing.
Notice of Appeal filed within 10 days’ time in federal court, state court timeframes vary. Florida is 30 days. Various designations of the Record and Ordering of transcripts required.
Appellate Court receives the transcript and all filings from the trial court, and sets timeframes for the initial Appellant’s Brief–the defendant’s if he was convicted.
