Brooke Victoria Elvingtonā€™s Answers

Brooke Victoria Elvington

Clearwater Appeals Lawyer.

Contributor Level 7
  1. I'm looking for an attorney that does Post Conviction work to file a Motion for Illegal Sentence (3.800)

    Answered about 1 year ago.

    1. Brooke Victoria Elvington
    2. Michael Charles McGinn
    3. Robert David Devin
    4. Jonathan Hackworth
    5. Roger Scott Jr.
    5 lawyer answers

    A 3.800 motion may not be the appropriate remedy for this type of situation. An illegal sentence under rule 3.800, is one in which the sentence itself (as seen by the judgment and sentence documents), is facially illegal. Claims related to the sufficiency of the evidence, (such as whether the State proved the weight of the drugs), are generally not permitted under rule 3.800. These types of claims can be brought under rule 3.850. While timing is not necessarily an issue for 3.800 motions,...

    6 lawyers agreed with this answer

  2. WHAT DOES 03/05/13: Show Cause Lack of Prosecution, Initial Brief" NOTES: DUE IN 10 DAYS MEAN ON THE APPELLATE DOCKET/RECORD???

    Answered over 1 year ago.

    1. Brooke Victoria Elvington
    2. Jonathan Burton Blecher
    3. John P Wallace
    4. John Arthur Smitten
    5. Joshua Sachs
    5 lawyer answers

    "Lack of Prosecution" on appeal means that the Appellant, (the person who filed the notice of appeal), failed to file appropriate documents in a timely fashion. In this case, this is likely the appellate court's direction to the Appellant to file a response as to why the case should not be dismissed for failing to file the initial brief on time. The "initial brief" is a legal document outlining the facts and arguments in support of the appeal itself, and there are strict time limits that must...

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  3. Criminal Appeal/How long is the process? Success rate? Do they grant a new trial or find the defendant not guilty then and there

    Answered 9 months ago.

    1. Robert Jason De Groot
    2. Jesus Novo III
    3. Robert David Malove
    4. Terry David Horner
    5. Brooke Victoria Elvington
    6. ···
    6 lawyer answers

    The appellate process can be both lengthy and complicated. The purpose of the appellate court is to review questions of legal error, and as such the judges will not re-weigh witness credibility, and will not act as a juror. There are often errors that can be found in a 2-week long trial; however, whether such errors exist in this case, and whether the errors rise to the level of "reversible error" are questions that can only be answered once the entire appellate record (pleadings and...

    5 lawyers agreed with this answer

  4. I'm considering appealing my Paternity case involving time share of kids that I lost.

    Answered about 1 year ago.

    1. Jennifer Ann Jacobs
    2. Brooke Victoria Elvington
    3. Gregory Thomas Buckley
    4. Joshua Sachs
    5. Harry Edward Hudson Jr
    5 lawyer answers

    It is possible to recreate the record through agreement between the parties, and ultimately the trial court. A substitute record is then filed in the appellate court. However, in custody determinations, a trial court has broad discretion to order particular timesharing schedules, and an appellate will not reverse the trial court's order unless there is a clear abuse of that discretion. In cases involving substituted records, it would be exceedingly difficult for the appellate court to find...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Criminal Appeal

    Answered 9 months ago.

    1. Lori Doganiero Palmieri
    2. Mark Allen Yurachek
    3. Majid Vasigh
    4. Brooke Victoria Elvington
    4 lawyer answers

    I agree with Lori's comment. There is never a guarantee that a successful appeal will not increase a sentence upon remand. While an increased sentence can be presumed vindictive under certain circumstances, there are no guarantees. That said, a case may be reviewed for appeal following the notice of appeal, and in the event that it appears that the client is subjecting themselves to a harsher possible penalty, the client may always elect to voluntarily dismiss the appeal if the dismissal...

  6. How do I appeal my case after getting on probation

    Answered over 1 year ago.

    1. Brooke Victoria Elvington
    2. Rixon Charles Rafter III
    2 lawyer answers

    In the State of Florida, you have 30 days following your sentencing to file a notice of appeal. However, it sounds as though you entered a no contest or guilty plea to the charge. If you did, your appellate options may be significantly reduced. In addition, you appear to be challenging the effectiveness of your trial attorney, and in the vast majority of cases, that claim must be raised in a separate proceeding under Florida Rule of Criminal Procedure 3.850. Keep in mind, that a successful...