The criminal appeals process is one that is very complex and involved. Trying to go into it without a good grasp of the ins and outs can put your freedom at risk. There are several things that you need to know when you are ready to launch a criminal appeal. We can help you learn what these are in your case.
One very important thing to remember is that you can’t present new evidence in a criminal appeal. If there was evidence that wasn’t presented in the trial that proves your innocence, the case will have to be presented in a special way. We can’t just go into the court, shove the new evidence in the judge’s face and demand that you be set free. Instead, we have to follow the established procedures for these cases.
The criminal appeals process is often a lengthy one. You can’t think of this as a “get out of jail quick” card. Instead, you will need to be patient as your case move through the system. When we appeal, we ask the court to review the previous case based on specific points. As you can imagine, this can be complex.
Appealing a criminal matter requires us to write a brief to the court. This is an explanation of why the matter should be reconsidered. The court considers this information, the information from the case and the other party’s brief. When it decides what to do, the ruling is handed down. This could be one of several things, including sending the case back to the lower court or ordering a new trial. In some cases, it might even be a reversal of a conviction.
If you are considering an appeal, we can review the matter with you to help you learn about your options. From there, we can move forward with the chosen course of action.