Appeals

Appeals are the process through which a defendant in a criminal case asks the higher court to modify or reverse the decision of a lower court.

After a defendant has been convicted of a crime and sentenced they may seek criminal appeals based on valid legal grounds. If a defendant wishes to contest some outcome of their original case, they will typically file a notice of appeals with the original court, informing that court of their intention to take the matter to a higher court. The defendant will then file the appeals in the appropriate appellate court.

The appellate court with jurisdiction over an appeals case will depend on where the original trial was heard. If the original case was heard in a federal district court, the appeals would be heard in the federal Court of Appeals. If the case was heard in a state court, the appeals process would take place in the appropriate intermediate appellate court.

An appeals case does not retry the defendant for the criminal charges against him, nor does it focus on the guilt or innocence of the defendant. The appeals courts are responsible for decisions regarding the question of law. During the appeals process, the court will review the record of the original trial to determine whether or not the defendant's rights were breached or if there was a mistake in the application of the law that adversely affected the outcome of the original case.

During a criminal trial, it is possible for even competent and experienced legal professionals to make legal errors involving evidence admissibility or exclusion, the application of law, attorney arguments, jury instructions, sentencing decisions, and more. The appeals process allows the criminal defendant to present these legal mistakes to the appeals court so that they might reverse or modify the original court's decisions.

It is also possible to argue through appeals, that a defendant's legal counsel did not adequately handle the case and that this deficiency most likely had an effect on the outcome of a case. A defendant may also argue in an appeals case that their constitutional rights were compromised during the original trial. These appeals grounds are used more rarely than appeals filed to contest some legal action or mistake.

An appeals court is likely to uphold the decision made by a lower court unless they firmly believe that some mistake took place which altered the results of the original criminal case. When a defendant is successful in an appeals case, they may be granted a new trial, serve a modified sentence, or even have the charges against them dismissed. When defendants choose to file appeals, it is crucial that they have the best legal representation possible.

If you would like to learn more about criminal appeals, please contact us to speak with a qualified and experienced attorney in your area. This legal professional can evaluate your case to determine how best to protect and maximize your legal interests.