An appeal is the legal process of requesting that a formal decision be revisited and reviewed after a conviction. An appeal does not mean the case goes to a retrial. An appeal is the legal process of the review of the trial and the evidence.
If you want to appeal a conviction and are in need of legal help, you will want to contact an experienced appeals attorney to guide you through the process. Your previous legal counsel may not have represented you in the appropriate manner to prevent your conviction or to prevent harsh penalties from being sentenced. An experienced criminal defense attorney is what you need on your side when filing an appeal.
There are many reasons to file an appeal. You and your attorney may believe the sentence or penalties are unfair or do not fit the charges. Some other reasons to file an appeal include:
- Court misconduct
- Unreasonable finding based on the evidence
- The judge or jury made a mistake in the application of the law
The three most common types of appeals are:
- The defendant has a right
- Writ of certiorari
- Writ of habeas corpus
The Defendant Has a Right
The court is required to hear the appeal of a defendant who has a right. This appeal is filed when the defendant feels that a crucial error occurred in his or her trial that resulted in the negative outcome of the trial. Only the issues raised during the trial are reviewed. No new evidence or issues may be raised during the appeal.
Three items must be proven in order for this appeal to be successful. These items are:
- A mistake made during the trial
- The counsel presented an objection in regards to the mistake
- The mistake made had a negative effect on the outcome of the trial
Writ of Certiorari
This appeal requires a petition to the court to be heard. A higher court will order a lower court to send the records of the case for review by the higher court once the appeal is accepted.
Writ of Habeas Corpus
A writ of habeas corpus is oftentimes the last resort for someone filing an appeal. This type of appeal requires the petition of the court and is granted at the court’s discretion. This appeal has the ability to reverse a guilty conviction and is usually accomplished by proving that:
- An error or injustice occurred in the original trial
- A constitutional right was violated
- The trial lawyer was incompetent and lacked the needed ability to perform his or her duties
If you would like more information about your rights to appeal a sentence or if you are in need of legal counsel, please contact the law office of Jacoby & Meyers to schedule a consultation. We have offices nationwide.