Filing Appeals after Criminal Conviction
After a criminal conviction, the case may generally be appealed. By filing an appeal, the defendant asks a higher court to look at specific aspects of the case and determine if a legal error was made, either in the criminal conviction or sentence.
If you or someone you love has been convicted of a crime, it may not mean that the case is over. To connect with a criminal defense attorney and begin the appeal process, simply fill out the free online evaluation form on this page or call 877-445-1059 today.
The Criminal Appeals Process
In the appeal, the defendant’s criminal defense lawyer will argue that the case should be dismissed, the defendant should receive a new criminal trial or that the defendant should receive a new sentence.
No new evidence may be introduced during the appeal. The appellate court will consider only the record of the proceedings and written briefs filed by both sides of the appeal.
The Record of the Proceedings
The record of the proceedings includes the evidence presented during the criminal trial and a transcript of everything said during the trial.
The defendant’s criminal defense attorney files an opening brief in an appeal to put forth the argument of why the criminal conviction or sentence was in error. The prosecution also files a brief with arguments of why the conviction is valid and should be upheld.
The defendant’s lawyer will usually have the opportunity to file a response to the prosecution’s brief. Before reaching a decision on the appeal, the appellate court may choose to hear oral arguments from both sides.
The Criminal Appeal Timeline
Criminal appeals may take many months to be heard and decided on by the appellate court; however, a notice of appeal must be filed with the courts shortly after a conviction or sentencing to be considered.
Begin Your Appeal – Talk to a Criminal Defense Lawyer Now
If you have been convicted of a crime and are considering an appeal, contact a local criminal defense lawyer right away, as there may be a limited period in which to file your appeal. Connect with a lawyer today by filling out our free online evaluation form or calling 877-445-1059 to schedule a free, no obligation consultation.
The above summary of criminal appeals is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on criminal appeals cases, speak to a criminal defense attorney in your area.