Criminal Defense Appeals
So, you’ve been convicted. You might think your journey into the criminal justice system is over, but if you plan on appealing your conviction, this is just the beginning. If you have been wrongfully convicted of a crime, for any reason, you need to speak with an experienced appellate lawyer as soon as possible. Whether some egregious error has occurred during your trial or new potentially exonerating evidence has come to light, an appellate attorney can help to make sure your appeal is handled properly and with the best potential outcome of success possible.Should You Appeal?
Some people might say to throw in the towel and give up on the justice system after a conviction, but those people aren’t appellate lawyers. There are a variety of reasons why you would want to obtain an appeal. Getting railroaded into a conviction or unfair sentence are two important reasons you should speak with an appellate lawyer. This is why the appeals process exists. It is to safeguard against possible legal errors and to make sure the defendant has every possible chance to ensure a fair criminal justice process. Listed below are a few important reasons you would need to speak with an appellate lawyer as soon as possible.Obtaining an Appeal
- Discovery of new evidence
- Information about evidence suppression
- Failure of adherence to correct trial procedure (mistrial)
- Issues of statutes of limitation
Until you have personally been convicted of a crime or have had a family member or loved one convicted, you might not have a thorough understanding of the appeals process. In a nutshell, if you’re convicted of a crime, you have the option to ‘appeal’ that decision to a higher court. In many cases, these appeals are based on some kind of legal error that happened during the legal process. The higher court (appellate court) will review all of your case documents to reach a decision in the matter. The appeals process is much more lengthy and in depth than the traditional criminal justice process. It can take many months, and you need a proven and experienced appellate lawyer on your side.The Appeals Process
After speaking with an experienced lawyer, your appeals process will begin with the filing of an opening brief. Your lawyer will file the brief on your behalf and layout how and why the conviction or sentence was incorrect, legally speaking. The government will also file a brief to show whey the sentence or conviction should not be overturned. It is also possible for the defendant to file a second brief, to respond to the government’s brief. Additionally, there may also be oral arguments, so your attorney should be ready to defend your rights.Why Appeal Your Conviction or Sentence?
There are a number of reasons why somebody would want to appeal his or her conviction or sentence. Depending upon the circumstances of your unique case, you and your lawyer can discuss what your post-conviction strategies are and how to best go about your appeal. Listed below are a few post-conviction strategies.Post-Conviction Strategies
- DNA evidence
- Writs of Habeas Corpus
- Motion for a new trial
- Writs of Certiorari
- Post-conviction motion
- Plea withdrawals
- Sentence modifications and reversals
- Writs of Mandamus
It’s possible that one or more errors were made at your particular trial. Judges, prosecutors and even your own attorneys are people. They are real humans and they do make mistakes, but that doesn’t mean that the legal system can lock you up, simply because of a mistake. In America, you’re entitled to a fair and speedy trial. Whether or not there was a mistake made by the judge, opposing counsel or some other court official, you deserve to have your case evaluated by an experienced appellate lawyer. All hope is not lost, and your attorney can review and evaluate your case to determine if an appeal is right for you.Going With a Proven Appellate Lawyer in Jackson
Was there a legal error in your case? Has new evidence come to light? Did you receive a fair trial? If you’re facing an unfair sentence or an undeserved conviction, you need to speak with a proven appellate lawyer as soon as possible to get the ball rolling on your case. Your lawyer will be able to come up with a post-conviction strategy for your individual case.