When you are convicted of a criminal charge, you might want to know if you can appeal that conviction. The answer to that isn’t always easy. There are several different factors that you have to consider if you are thinking of filing an appeal in your criminal case.
How many appeals will I be able to file?
The number of appeals that you can file depends on how many courts are considered superior to the court in which the ruling was handed down. Generally speaking, you can only appeal a judgment to the court that is next higher than the court that issued the ruling. This means that the higher the court that issued the ruling, the fewer opportunities you have to file appeals.
What other factors come into the picture if I want to appeal a criminal conviction?
There are several other factors that can affect a criminal appeal. One is the amount of time that has elapsed since the ruling was finalized. There are specific time limits that are covered in the statute of limitations that govern criminal appeals. You also have to think about the reason for the appeal. You can’t file an appeal just because you feel like it. Instead, you need a valid legal reason to file an appeal. You also have to ensure that you file your appeal according to the appropriate method that complies with the applicable rules.
If you are considering filing a Notice of Appeal, you should make sure that you have covered all applicable points. Failing to adequately address any necessary matter can mean that your appeal is pretty much pointless.
Source: FindLaw, “The Number of Criminal Appeals,” accessed July 19, 2016