The United States justice system is designed to safeguard the constitutional protections and rights of those who are accused of crimes. One of those safeguards is your right to appeal a criminal conviction if someone has violated your rights during your arrest or criminal court proceedings. A Loveland appeals lawyer may be able to assess your case and determine whether legal grounds exist for an appeal in your case.
Although not every case is right for an appeal, various reasons may exist in your case that justify an appeal of your criminal conviction. Therefore, you should not give up hope after you have been convicted of a crime. Instead, it might help if you looked to a seasoned criminal lawyer about the potential for an appeal of your conviction.
What is an Appeal?
Some individuals may think that filing an appeal allows them to retry their cases and get a different result. An appeal, however, is not a second shot at a trial. Generally, individuals may not present new evidence in appeals, and the lawyers involved rarely appear in the appellate court, except if the appellate court requests that they appear to make oral arguments, which is very unusual.
Instead, an appeal typically takes place in writing. An appeals lawyer in Loveland may be able to point out mistakes made during a criminal case to argue that the appellate court should overturn the conviction. The state then will respond in writing to the allegations of errors.
Based on these written submissions, the appellate court will review the evidence and the trial transcript. At that point, the court will decide whether mistakes were made that would justify reversing the conviction or sending the case back to the original trial court for further proceedings. Since there is only one appellate court in the state that must consider all appeals individually, receiving a decision about an appeal often takes a lengthy amount of time.
Requirements for Criminal Appeals
Individuals who wish to file appeals in criminal cases must follow a complex set of rules and procedures to submit their appeals successfully. For instance, the briefs that each party provides must adhere to strict technical requirements, including formatting, paper size, and font size. If parties do not follow these rules, they can risk having the appellate court dismiss the appeal.
Furthermore, appeals must be filed within specific timeframes. Failing to meet these deadlines can lead to an inability to appeal the criminal conviction. Even if the arresting officer or trial court made mistakes in the case, missing an appellate deadline can be fatal to an appeal.
Appellate Outcomes in Loveland
Despite what most people think, a reversal of a trial court decision by an appellate court does not result in the accused person automatically walking free. Although the appellate court can acquit the defendant of all charges, that outcome is infrequent. In most cases, the appellate court sends the case back to the trial court to correct its error, which usually results in the court holding an entirely new trial.
When the appellate court sends the case back to the trial court, the prosecution must determine whether they have sufficient evidence to retry the case successfully. For instance, if the appellate court ruled that the trial court should have found a significant piece of evidence inadmissible at trial, the prosecution may no longer have a case and may choose not to retry the person. An appeals attorney in Loveland can evaluate each situation and determine the most effective means of challenging a criminal conviction.
Call a Loveland Appeals Attorney for Advice
Filing an appeal of your criminal conviction is a lengthy, time-consuming, and complicated process that does not guarantee favorable results. The appellate court overturns the trial court’s decision in only a tiny percentage of appeals. Consulting a Loveland appeals lawyer may be the best way to determine whether your criminal case is suitable for an appeal.
A criminal conviction does not have to be the end of your story. Appeals are only one of the potential options that may be available to you in the aftermath of a criminal conviction. Working with legal counsel may allow you to discover and assess what avenue of relief is right for you.