After a conviction in a criminal case, you have several legal options available to you if you do not agree with the decision. One of those choices is to file an appeal with a higher court. If you are thinking of appealing a conviction, here is what you need to know:
What Is the Possible Outcome of the Appeal?
When an appeal is filed, the appellate court will review the decision of the lower court. The court then has several options available to it. For instance, the court could decide to send the case back to the lower court for a retrial.
The appellate court could also decide to end the case. In reviewing the case, the court will also look at the evidence and claims presented by the prosecution. If the appellate court believes that there is not sufficient enough evidence to prove the charges, the court could toss out the conviction and end the court.
Another possible outcome is that the appellate court agrees with the conviction and allows it to stand. If that happens, your attorney could turn his or her focus towards appealing the sentence. If the sentence seems unreasonable or it does not meet the boundaries that are set by the law, the appellate court could change part or all of the sentence.
What Is a Good Reason to Appeal?
Depending on the facts of your case, there could be more than one possible reason that an appeal should be filed. For instance, you could request an appeal based on a court error and the discovery of new evidence.
Other possible reasons that you could request an appeal include illegal imprisonment, unfair sentencing, misconduct by the judge or prosecutor, and ineffective legal representation.
The most important thing to remember is that regardless of the reasoning for the appeal, you have to be able to prove your claims. For instance, if you claim that your conviction should be overturned because of new evidence, you need to present evidence that would have a profound impact on your case. If not, the conviction could stand.
If you have not worked with a criminal attorney up to this point, consult with one now. An attorney can help review your case and determine if you have a real chance at winning an appeal. He or she can also help with drafting the motion for the appeal and present your case to the appellate court, if necessary.
Contact an attorney like Melanie Hammer Esq for more information and assistance.