5 Steps to Appeal a Criminal Conviction

A criminal case does not typically end with a guilty or not guilty verdict. Either party can appeal the ruling, and the case can continue. Defendants who feel they’re wrongfully convicted can make a motion to the trial judge seeking to overturn the verdict. They can also ask for a new trial or appeal to the higher court to reverse the wrongful conviction.

If you’ve chosen the third option, here’s how you can make a successful appeal.

Step 1: Filing a Notice of Appeal

The Notice of Appeal typically must be filed within 30 days of the trial court judgment. There are three methods to file an appeal in Georgia: direct appeal, a discretionary application to appeal, or making an interlocutory appeal. The appellate attorney must determine the type of appeal and to which court it needs to be filed.

The attorney must also know if the order is appealable or non-appealable. This distinction can be complicated because what looks like a final order can be appealable and vice versa. Experienced appellate lawyers know the difference between summary judgments, final orders, and orders granting summary judgment with words of finality.

Step 2: Gathering Evidence for the Appeal

Appellate courts do not admit new evidence or testimony. Plus, they do not entertain evidentiary hearings. The appellate attorney evaluates evidence, testimonies, and documents already presented before the trial court.

Typically, the standard filings are sent to the appellate court. But attorneys have to be careful because the trial clerk may not include essential documents, or worse, leave out the required filings. They will also need to collect transcripts of relevant hearings.

Step 3: Doing Research

An appellate brief is the most critical aspect of an appeal. To write a good brief, the lawyer will need to spend a good amount of research to filter issues that are worth appealing and those that are not worth appealing.

Step 4: Write an Appeal

Appellate attorneys must have excellent writing skills. Experienced lawyers use statutes, constitutions, precedential cases, an appropriate source of law, and administrative rules. They use these resources to create a watertight brief and argue why the trial court conviction must be reversed.

Step 5: Making an Oral Argument

Not all appeals necessitate an oral argument. However, when they are necessary, they can be impactful. Some of the questions discussed during the oral argument include facts, relevant case laws, hypotheticals, and public policy issues. Experienced attorneys always make it a point to answer the questions directly rather than evading them because they deem it detrimental to the case.

Remember to choose a qualified appellate attorney dedicated to appellate practice and maximize your chances of winning.

 

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source https://www.brownstonelaw.com/blog/5-steps-to-appeal-a-criminal-conviction/

How Long Does It Take For A Federal Criminal Appeal To Be Decided By The Court

How long does an appeal take? Recognizing that the appeal of a federal court case can take over a year is key to managing your legal situation. Staying patient and calm in the face of adversity is an essential first step in overcoming your legal challenges.

Every day a desperate person in considerably serious legal trouble scours the internet, searching terms like “how long does a criminal appeal take,” “how long does it take for an appeal,” “how long does an appeal take,” and other related items. Sometimes the desperate search for an answer and solution to your legal trouble can lead to more anxiety.

In most cases, the best thing you can do is better understand the federal legal system and protocol when dealing with an appeal. It’s easier to move forward and battle your legal situation armed with an efficient amount of knowledge about the system and laws you’re battling

How Long Does The Appeal Process Take

When people ask, “how long does an appeal take?” There is no definite answer. Most appeals end up becoming settled in a certain window of time. Generally, the process takes somewhere between 6 to 18 months.

The exact length of time is based on several variables. It’s possible to be more prepared by becoming proactive regarding your appeal. Accomplishing certain steps ahead of time could expedite your appeal process.

How Long Does an Appeal Take? The Process Broken Down

To get a more efficient answer to the question, “how long does an appeal take?” It helps to have a clear picture of the specific steps leading to the final court date.

• After your sentencing date, your lawyer needs to file a motion of appeal. This motion needs to be filed within ten days of your sentencing. The motion is just the act of letting the court know you plan to appeal.
• Once the courts are aware of your plan to appeal, your lawyer has thirty days to file the actual appeal.
• After the courts receive the appeal, a copy is forwarded to the prosecutor. The prosecutor has thirty days to file a written response to your appeal.
• After the appeal is received and the prosecutor’s response is logged and reviewed by the judge, the appeal date gets entered in the court calendar. How long does an appeal take from here? From this point, it can take three to four months before the case ends up on the docket.
• Once the judge has read the briefs of the case and heard oral deposition and argument from both sides, he may take as much time as he needs to decide the outcome of the appeal.

How long does an appeal take in federal court? Keep in mind that federal court cases and appeals can take 25 to 50% longer than court cases involved at the local or state level. It’s important to remain calm and patient while waiting for your appeal date.

The steps of the process may vary slightly, depending on what is being appealed. Your attorney will have to make an important decision on how to approach the appeal.

If your attorney believes that the entire outcome of the case can be overturned, then he or she may decide to appeal the verdict. Appealing the verdict means your lawyer is attempting to change the final decision and outcome of the trial.

With the proper evidence and briefs presented to the judge, it’s possible that your attorney can have the verdict overturned. An overturned verdict would mean a guilty verdict is changed to a not-guilty verdict. This change in the trial result would mean that the sentencing becomes irrelevant, and the sentence would also be overturned.

However, if your attorney believes that there is no possibility for the verdict to be overturned, they may appeal the sentence that was handed down. The sentence can be appealed for several reasons. Dynamics that could sway the sentencing include a defendant’s mental capacity, the circumstances of the case, and the defendant’s health condition.

For example, if a sentence of 20 years was handed down to an individual who is elderly with a terminal illness, this could lead to a lighter sentence on the appeal date. A judge may grant an early compassionate release of five, ten, or fifteen years depending on the mindset of the judge and recommendations from the prosecuting attorney.

How Long Does an Appeal Take with a Good Lawyer?

A good lawyer does not influence the amount of time your appeal will take. However, a good lawyer will file the correct deadlines on time and help prepare you for the process.

An efficient attorney should walk you through the entire process and ensure you understand each step as it happens. Doing this helps you remain present in the situation and prevents anxiety from being left in the dark

How Long Does an Appeal Take on the Day of Court?

Keep in mind that a court date for appeal is not the same as your trial date. Trial dates and other steps leading up to the trial can be substantially longer than the appeal. This is what the appeal process looks like in the courtroom.

• Your attorney doesn’t present evidence or examine and cross-examine witnesses like a trial.
•  Your attorney will write long legal briefs. These briefs are based on the reason the appeal was filed in the first place.
• Your lawyer’s best arguments are presented to the judge orally in a short hearing. Your lawyer’s argument will all be based on the grounds for appeal.

How Long Does an Appeal Take On the Right Grounds for Appeal?

The process will take the same amount of time regardless of how solid your lawyer’s grounds for appeal are. There are several main grounds for appeal your attorney could decide to use in your motion.

1.  Appeal Based on an Unfair Jury

Suppose your lawyer decides the jury was unfair for some reason. In that case, this could be grounds for an appeal and overturning of your case. Sometimes a jury is considered unfair if a conflict of interest between the defendant and someone on the jury panel. Race, sex, religion, and other issues can also play in an unfair jury situation.

2.  Appeal Based on Lack of Evidence

After your sentencing, if your lawyer can find an issue with the evidence, your case could be overturned. Any lack of evidence or proof the evidence was damaged or tampered with is grounds for an appeal.

3.  Appeal Based on New Laws/Sentencing Guidelines

Assuming laws have changed or there have been significant changes to sentencing guidelines, your lawyer can make a motion for appeal.

Waiting for your case to be heard in an appeal situation can be stressful and frightening. It’s important to stay grounded and trust your attorney.

A solid attorney will keep a high level of communication with you and always explain every step with a certain degree of honesty. When you can rely on all these factors, the appeals process becomes easier and less stressful.

If you don’t receive the outcome you were expecting in regards to your federal appeal, all hope is not lost. This could mean it’s time to take the next step and take your case to the Supreme Court.

Resources:

https://www.grgblaw.com/wisconsin-trial-lawyers/federal-criminal-appeal-how-long-does-process-take

https://www.spolinlaw.com/blog/2019/04/03/how-long-will-my-appeal-take/

https://www.ronaslamlaw.com/how-long-does-a-criminal-appeal-take/

https://federalcriminallawcenter.com/frequently-asked-questions/how-long-do-federal-appeals-take/

https://www.whitecollarcrimeresources.com/how-long-does-a-federal-criminal-appeal-take.html

https://www.grabellaw.com/how-long-does-a-federal-criminal-appeal-take.html

 

 

 

 

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source https://www.brownstonelaw.com/blog/

What Is Appellate Law?

Appellate law is about undoing a less than favorable trial court outcome. However, an appeal is not a new trial because you cannot present new evidence or consider new witnesses.

Appellate lawyers scrutinize trial records and other documents, including trial transcripts and evidentiary materials. Then, they analyze relevant case laws to decide if it makes sense to appeal. Such decisions are based on errors in the trial procedure or an error in the interpretation of the law.

If there is a sufficient reason for the appeal, the appeal lawyer files a brief. The brief presents relevant arguments for the appeal and seeks an opportunity for the lawyer to argue those points.

What Is the Need for Appellate Law?

Appellate courts exist to review the decision of the lower court or the order of an administrative agency. Appeals determine if the court has applied the law correctly or if the judge has made a mistake. Appellate laws are set to correct these mistakes and give people access to a fair rule of law.

Similarly, sometimes one court’s ruling can affect a larger segment of society. In those cases, the higher court steps in to make a policy decision that the lower courts apply in future decisions.

What Is the Appellate Process?

The process begins by filing a notice of appeal. The appeal lawyer files a brief stating the client’s side of the facts and legal arguments. The party appealing is called appellant, and the party required to respond is the appellee. The appellee then files an answer brief giving reasons for opposing the brief. The appellant may then file a second brief, answering points raised in the reply brief.

Sometimes, a decision is made based on the written brief.  Other times, the appellate court allows an oral argument before coming to a decision.

What Are the Different Types of Appeal?

There are two types of appeals. Here is a quick look at both of them.

• Appeal as a Matter of Right

This type of appeal refers to a party’s right to appeal a trial court’s decision without needing approval from any court.

• Discretionary Appeal

This type refers to an appellate court’s discretion to decide whether an appeal is to be reviewed by the court.

What Are the Different Standards of Review?

There are three basic categories of decisions that can be appealed for review. They are questions of law, questions of fact, and questions of abuse of discretion. Additionally, findings of facts are reviewed for clear error.

Are you looking for federal appeal lawyers in Georgia? Call us at 888-233-8895 for a consultation about your case.

 

 

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