How Does the Appeal Procedure Work?

In the United States’ legal system, a case is first tried in a trial court. Once a ruling has been issued, parties to the case can appeal this ruling. Usually, it’s the losing party that files an appeal. To get the appeals process in motion, an appellate lawyer must be hired. They’ll know where the appeal should be filed, and they could even take a case all the way to the Supreme Court if such is necessary.

An appellate attorney’s work is certainly not easy. They have to seek out errors that were made at the trial court level, as errors could cause the appellate court to vacate the judgment given by the trial court. To understand more about how the appeal process works from start to finish, read on.

Step 1: Hire an Appellate Attorney

If you decide to appeal, the first step is to hire an appellate attorney. Not all lawyers practice appellate law, and attorneys unfamiliar with appellate procedure may help you very little. You must hire an attorney who has successfully handled appeals.

Also, you need to know that an appellate court will only consider arguments that were debated in the trial court. Therefore, you’ll need to file a motion for rehearing certain types of errors before appealing. An experienced appellate attorney will be an asset at this stage, and with their guidance you’ll have a better chance of getting the trial court’s ruling vacated.

Step 2: Filing the Appeal

Once you’ve hired an appellate attorney, the next step is to file the appeal. Note that there are specific deadlines you must abide by when filing an appeal. If you miss these deadlines, an appellate court will not take your case. If you’re confused about what’s being asked of you, a knowledgeable attorney can help you understand appellate lingo and regulations.

Step 3: Preparing for the Appeal During the Trial

Keep in mind that an appeal is NOT a new trial. Appellate courts do not accept new evidence, nor do they take testimonies. An appellate court bases its judgement on the documents, evidence, and testimonies that were submitted in the trial court. For this reason, a party to a case should submit as much relevant evidence as possible, as this way nothing is left out for the appeal process.

The trial court clerk will create the record based on the docket and send this to the appellate court. A qualified appellate attorney can help the clerk ensure no information is left out, again increasing the chances that a favorable decision is delivered.

Step 4: Writing the Appeal

The appellate attorney writes the appellate brief to the appellate court. This is where they explain why the trial court’s decision should be reversed. The appellate attorney will work with your trial court attorney to find any errors or mistakes in the judgement. An appellate attorney’s research and writing skills will play a major role here.

Step 5: Presenting the Oral Arguments

The oral arguments is the final step in the appeal process. A qualified appellate attorney who knows the law inside and out will present your arguments to the appellate judges. Based on the arguments, the judges can either reverse the trial court’s decision or uphold it.

When you go to file an appeal, having a skilled appeal attorney is essential. This is why you should consult top appellate lawyers before you get the appeal process in motion. An attorney who specializes in appellate law has a much better shot of securing a successful appeal for their client.

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source https://www.brownstonelaw.com/blog/how-does-the-appeal-procedure-work/

On What Grounds Are Criminal Convictions Appealed?

The legal process doesn’t end with a criminal conviction. Even if you’ve been found guilty by a trial court, you can appeal to a court of appeals if you believe you’ve been wrongly convicted or received a harsh sentence. When an appeal goes to an appellate court, any of the following scenarios can happen:

• The conviction may be reversed.
• The sentence gets altered.
• A new trial may be ordered.
• An appellate court may withhold the decision of the lower court.

Even after the court of appeals rules on the appeal, the appellee can once again appeal to the Supreme Court. If the United States Supreme Court in Washington, DC decides to rule on the appeal, this will be the end of the appeal process.

Common Grounds for an Appeal

A criminal appeals attorney can appeal a conviction on the following grounds. If the appellate attorney raises a strong argument, the appellate court may overrule the appellee’s conviction.

1. False Arrest

If the arresting officers didn’t have an arrest warrant at the time you were arrested, your case could be overturned on appeal. Also, if the officers violated any search and seizure laws during your arrest, such can result in a successful appeal.

2. Exclusion of Evidence

Before the jury hears the case, the judge holds a special hearing, at which only the defense lawyer and prosecutor are present. Here, the judge decides which pieces of evidence can be presented in court. Sometimes, a judge can get it wrong and prevent exculpatory evidence from being presented to the jury. In such an instance, one can appeal their conviction, citing exclusion of evidence.

3. Insufficient Evidence

Just like judges, juries make mistakes as well. A jury’s verdict can be influenced by emotion or prejudice, and both elements can lead to a conviction without strong evidence. If the prosecution fails to prove beyond a reasonable doubt that an individual is guilty—and the jury goes ahead and convicts when there’s a lack of evidence—an appeal can be made on grounds of insufficient evidence.

4. Ineffective Counsel

Sometimes, a defense counsel will commit legal errors, and these errors may lead to a defendant’s case being presented poorly. If you can prove that the inefficiency of your defense counsel deprived you of your Sixth Amendment right, then you’re entitled to a new trial.

However, one can only file such an appeal if they can prove the attorney’s conduct did not meet the objective standard of reasonableness. Or it must be proven that the attorney was prejudiced.

5. Prosecutorial or Jury Misconduct

If you have proof that the prosecutor or jury engaged in a dishonest act—or you discovered that improper methods were used to convict you—then you’re entitled to a new trial on grounds of prosecutorial or jury misconduct.

Here’s what misconduct can look like:

• Refusing to deliberate.
• Failure to conduct a factual investigation.
• Purposely concealing relevant information.
• Commenting on inadmissible evidence.
• Convicting based on passions and prejudices.

6. Sentencing Errors

The judge is required to state clearly their reasons for a particular sentence. If the judge ignores sentencing rules, then it becomes an illegal sentence. If you can convince the appellate court that you have been sentenced illegally, then the court will order a review of the trial court’s verdict.

If you or a loved one has been falsely convicted—and the appeals process is the logical next step—reach out to Brownstone Law. Robert L. Sirianni has successfully appealed numerous convictions. As a leading criminal appeal lawyer in Georgia, he can deliver the professional assistance that’s needed to appeal a conviction successfully. Contact our team today to find out how we can help you.

The post Blog first appeared on .

source https://www.brownstonelaw.com/blog/on-what-grounds-are-criminal-convictions-appealed/