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
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.