A Simple Guide To Criminal Appeals

Criminal appeals are a part of the criminal justice system that provides judicial review of the work done by investigators, prosecutors, and judges. The purpose of an appeal is to ensure that the trial was conducted according to law and that no errors or mistakes were made in the original proceedings.

Introduction

When a person is convicted of a crime, they have the right to file an appeal. An appeal is a request to a higher court to review the decision of a lower court. The appellate court will look at the record of the case and decide if there were any errors made.

If the appellate court finds that there were errors made, they can reverse the conviction or order a new trial. If the appellate court does not find any errors, then the conviction will stand.

The appeals process can be complex, so it is important to have an experienced attorney by your side. The attorneys at The Law Office of John D. Rogers have extensive experience handling criminal appeals. We will fight for you and make sure that your rights are protected throughout the process.

Types of Appeals

A direct appeal is when a defendant directly appeals their conviction or sentence to a higher court. A collateral appeal is when a defendant challenges the way their case was handled, such as alleging ineffective assistance of counsel. A habeas corpus appeal is when a defendant challenges the legality of their detention.

Appeals are complex and technical proceedings. It is important to have an experienced appellate attorney handling your case. If you are considering an appeal, you should contact an attorney as soon as possible to discuss your options.

What is the Process of an Appeal?

When a person is convicted of a crime, they have the right to file an appeal. The appeals process is different in every state, but there are some general steps that are followed. 

The first step is to file a notice of appeal with the court that heard the case. This must be done within a certain amount of time after the conviction. The notice will state why the person believes the conviction was wrong and what they want the appeals court to do about it. 

The next step is for the appeals court to review the case. They will look at the evidence that was presented at trial and decide if there were any errors made that could have changed the outcome of the case. If they find that there were errors, they may overturn the conviction or order a new trial. 

If the appeals court decides not to overturn the conviction, the person can still try to get their conviction overturned by filing a writ of habeas corpus. This is a legal challenge to their imprisonment based on constitutional grounds. 

The appeals process can be long and complex, but it provides convicted persons with a chance to have their conviction overturned if they believe it was wrongfully obtained.

Pro Se Appeal Considerations

The criminal appeals process can be complex and difficult to navigate, especially if you are representing yourself (“pro se”). Here are some things to consider if you are thinking about appealing your conviction:

1. The deadline for filing an appeal is usually very short – often just 10-14 days after your sentencing hearing. If you miss the deadline, you will likely lose your right to appeal.

2. You will need to file a notice of appeal with the court and serve it on the prosecutor.

3. The appellate court will only consider issues that were raised in the trial court – so if you didn’t object to something at trial, you probably won’t be able to raise it on appeal.

4. Appellate courts generally defer to the trial judge’s rulings on questions of law, so it can be difficult to get a conviction overturned on appeal.

5. You will need to prepare and file briefs (written arguments) in support of your appeal, and you may have to present oral argument before the appellate court. This can be a daunting task for someone without legal training or experience.

6. The entire appeals process can take months or even years, so it is important to be prepared for a long battle.

7. Costs associated with appealing a conviction can be significant, including filing fees, copying costs, and travel expenses if you have to appear in court for oral argument.

Conclusion

The criminal appeals process can be complex and daunting, but it is important to remember that you have the right to appeal your conviction if you believe there was a mistake made. By following the steps outlined in this guide, you can give yourself the best chance at having your conviction overturned. If you have any questions about your case or the appeals process, be sure to speak with an experienced criminal defense attorney who can help you navigate this complicated system.