Criminal Appeals
When a jury enters the courtroom to deliver a verdict in a criminal case, there is palpable tension. Everyone is watching intently to catch anything that gives some insight into what the jury’s decision will be. If you’re the defendant and the verdict comes in “guilty,” you’ll likely feel shock, disbelief, anger and fear. Whether you are facing jail time, probation, diversion or some other punishment, that verdict is going to change your life significantly.
But not every guilty verdict is correct. Criminal trials are complex but also may be conducted quickly. Testimony may have been mistakenly allowed into evidence. New evidence in your favor may have been discovered after trial. The judge or your trial attorney may have made a mistake in applying the law or handling an objection to evidence.
If you think that there were errors in your trial or the trial of someone you know, you need an experienced criminal appellate attorney. Criminal appellate attorneys know how to navigate the complex appeals process and are particularly skilled at analyzing your case and researching arguments that give you the best chance to succeed on appeal. Worley Appellate’s civil appeals attorneys possess these skills and are tenacious advocates with proven track records of success in state and federal courts of appeal. Here are some questions clients often have about appeals:
What is an appeal?
An appeal is a request to a court of appeals to review a trial court judge’s or jury’s decision. You start the appeals process by filing a document called a “notice of appeal” in the trial court. You typically have only 30 days after your conviction or sentence to get your notice of appeal filed, so time is of the essence.
What happens after the notice of appeal?
After filing your notice of appeal, your appellate attorney will prepare and file a document called a “brief” that describes the errors that caused your unjust conviction or sentence. Your brief will include a summary of the facts of your case, arguments supported by extensive research into state and/or federal law, and a request for the relief you want (such as a new trial). The court of appeals will review your brief, the prosecutor’s brief, the trial transcript and other documents relevant to your claims. Your attorney may be able to request oral argument before the court, or the court may request it. These oral arguments must be extensively prepared and flawlessly executed, and your attorney must be prepared to answer the court’s questions on the spot. This is a job best handled by an experienced appellate attorney.
What are some common grounds for a criminal appeal?
- Errors before trial, such as incorrect denying your lawyer’s attempts to suppress evidence or confessions;
- Errors during the trial, such as incorrectly denying your objections to admitting evidence and testimony;
- A sentence that is unconstitutionally harsh or out of line with a plea deal;
- The jury considering evidence it is not allowed to consider;
- A biased juror being allowed to serve on your jury;
- Incorrect jury instructions; or
- Insufficient evidence to support your conviction.
If you or someone you know is serving a sentence that you believe was based on a trial court error, contact Worley Appellate today to discuss your case. Our appellate lawyers have more than 30 years of experience handling complex appeals and we have the resources to investigate and prepare your appeal. Worley Appellate represents people from communities across the United States.