If you have been convicted of a criminal offense, your fight may not be over yet. It is possible that you can appeal your conviction. In order to do so, however, you must meet specific requirements. Below, we will discuss what you need to know about your appeal.
You have the right to appeal any courtroom decision you disagree with as the defendant in a criminal court. Appealing is asking a higher court to review the case for errors, either clerical or in judgment. An appeal can be filed progressively until it reaches the U.S. Supreme Court. However, you should not expect an appeal to be successful if you file it just because you don't like the result. Talk to a criminal defense attorney about your case to see if an appeal may be possible.
What Are the Requirements For Appeal?
Any conviction may be appealed, but your case must meet certain requirements in order for an appeal to be filed. Because the courts want convictions to stand, the appeals process is often very rigorous and challenging. Your criminal defense attorney can help you prepare your appeal and guide you through the process.
Appeals are only granted for certain circumstances, including problems with:
- The trial
- Sentencing
- The discovery process
- Defense motions
Legal errors and judgment errors are the most common causes of an appeal. If there is evidence of a mistrial, you may be able to successfully appeal your case.
Trial
During your trial, a number of errors or issues may arise which can be considered a mistrial. The judge and jury are supposed to remain impartial, but outside influence and favoritism can cause the judge or jury to be unreasonably swayed. The prosecutor can also change the outcome of the trial if they are permitted to improperly amend charges, provide evidence or opinions without a proper basis, or even be allowed to admit evidence that should be excluded.
Sentencing
During your sentencing, there are a number of laws working to protect you from inappropriate sentences. If you were sentenced to an illegal sentence, your score was not properly counted, or you were denied credit for the time you had already served, you may be able to file an appeal.
Discovery
The discovery process is critical to allow both sides of the case to know all the evidence that is being used to form the case. During this time, your attorney should complete a detailed and extensive investigation into the case. The prosecution is also required to fully disclose all discoverable evidence. If these events do not happen, it is possible that your case can be appealed.
Defense Motions
Excessive bail or the denial of bail can keep a defendant improperly detained. Your defense attorney is also important to your case, and their actions should be subject to scrutiny. If they do not properly represent you or take steps to conduct a full discovery, you may appeal your case.
Find Out If You Can Appeal Your Case – 407-420-4647
At The Wiseman Law Firm, we are ready to evaluate your case for legal errors and discover if you may be eligible for an appeal. If you suspect that any aspect of your trial was not handled correctly, don’t hesitate to get in touch with our Orlando criminal defense attorneys. We have 20 years of proven experience, and we can help you understand what legal options are available to you.
Contact our firm to schedule a free consultation today. Call 407-420-4647.