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Criminal Appeals 101

Criminal Defense Blog 2017 April Criminal Appeals 101
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Criminal Appeals 101

Posted By South Shore Criminal Defense || 27-Apr-2017

Most people believe that once they have been convicted of a crime they no longer have a say in what comes next or how their case is handled. However, being convicted of a crime does not necessarily mean that you are out of options, you still may be able to seek a more favorable ruling through an appeal.

Filing an appeal for your case could be a suitable way to object to your conviction and try to obtain a better outcome, but it isn’t for everyone. To better understand the process of filing an appeal and how an appeal works, our legal team at South Shore Criminal Defense covered the basics.

Who Can File an Appeal?

The defendant must have had suitable grounds for an appeal, such as insufficient evidence to support the conviction, improperly admitted evidence, incorrect legal rulings made on pretrial motions, or poor or incorrect instructions given to the jury.

The appeal is designed to help defendants who were wronged by a legal error, or were not provided with adequate representation. If you feel your lawyer misrepresented you or did not present your case the way it should have been presented, you may have the right to an appeal with the help of a new, more forceful legal counsel.

What is the Appeal Process?

Appeals must be filed within 30 days of receiving the court decision, neglecting to meet this deadline may result in the defendant losing their right to appeal. After filing an appeal, the defendant is now referred to as the appellant, and will go to appellate court, or appeals court, rather than returning to trial.

No new evidence is considered in appeals court, and no new testimony will be heard. The court will review the existing evidence, as well as court transcripts and anything said by the attorneys, judge, or witnesses. The “brief,” or reasons the appellant sought an appeal, is also reviewed. The government will also file a brief to explain why the sentence should be upheld.

How Can an Appeal Benefit Me?

After conviction of a crime, it is always a good idea to have an attorney review your case for potential appellate issues. If there was a legal error that led to a more serious conviction than you deserved, an appeal can potentially reduce your sentencing or eliminate the conviction completely. The appeals process can be viewed as a second chance, one where a competent, practiced attorney can help you secure a more favorable and fair outcome.

For more information about criminal appeals handled by South Shore Criminal Defense, click here.

The best thing you can do to ensure that your second ruling turns our better than your first, is to seek the legal help of an aggressive, experienced attorney. Our attorneys at South Shore Criminal Defense are familiar with criminal appeals and we are determined to make a strong case for you in order to improve your chances for results you can be satisfied with.

We understand how detrimental a criminal conviction can be to a person’s reputation, financial security, and personal life, and we want to help. Do not trust your appeal to just anyone, put your case in our hands and allow us to provide you with the criminal defense and legal guidance you need.

Contact South Shore Criminal Defense for a free consultation and meet with a lawyer to discuss your criminal appeal.

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