We recently discussed the fact that criminal appeals must have a valid basis. This is to say that you can't just say that you don't like a penalty and appeal based on that fact alone. Instead, you need to have a reason that falls within the scope of the law to file an appeal. We know that this might be something hard for you to determine, but we are here to help you.
Criminal convictions can drastically impact a person's life. If you've been convicted of a crime, you might wonder if you have the basis for an appeal. This might be possible if there are certain elements present in your case.
In general, the institutional bias in the U.S. court system is to keep the trial court's rulings in a matter. That doesn't mean an appellate court won't overturn a trial court – it happens all the time. What it does mean is that in criminal defense matters, when the defendant is not happy with the outcome at trial, the onus is on him or her to show that an error was made in the trial or decision.
The appeals process is an all-or-nothing process. Once a court rules on the case, your only option is to appeal it to the next higher court. Once you run out of courts, your appeals are exhausted. If you recall, we discussed how the appeals process works in our previous blog post.
If you pay attention to the news, you have likely heard about appeals being filed in criminal cases. If you are currently facing a criminal case, or if you have been convicted of a crime, you might have some questions about appeals. Understanding some basic points about appeals might help you determine a course of action.
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.
A writ is a document that is sometimes used when an appeal is no longer possible, such as when an appeal has already been made to the higher court. The case can't be appealed to the same higher court multiple times, but writs can be used numerous times, giving defendants some legal options without having to appeal to the next ruling body. A few reasons that a writ may be used include the following:
The immediate penalties and long-term consequences of a sex crimes conviction are incredibly serious. Depending on the severity of the charge, you may have to be on the sex offender registry and face restrictions on where you can live and work, even after you have served any prison time. However, a conviction isn't always the end of the case. In some situations, you may be able to appeal the trial court's ruling.
As we discussed in our previous blog post, criminal appeals are sometimes possible. These appeals are often filed because the defendant doesn't agree with the sentencing that was handed down. We know that it can be difficult to think about having to go through an appeal before you can get your freedom back; however, that is sometimes what it takes.
When you are found guilty of a crime, you might choose to appeal that conviction. It is necessary for your case to meet certain requirements in order to file an appeal. It is possible for a person convicted of a crime to appeal the sentence he or she received or the actual conviction.