Appellate Criminal Attorney San Diego
Appellate Criminal Attorney San Diego – A Look at the Appeal Process
It is not all the time that the sentence passed by the court is worth the crime committed. Therefore, after the verdict has been passed, you can take the step of filing for an appeal. To do this, you will have to work with an appellate criminal attorney San Diego. The attorney will guide you on the way forward and help with the process. The attorney you choose to work with can also answer all the questions you may have such as whether you can appeal.
Who can appeal?
This is a complex question. The rules on this vary from one state to another. Even so, it is important to understand that states adhere to federally preset rules on filing an appeal. Talk to an appellate criminal attorney San Diego for more information.
The government or the defendant may appeal if:
- The sentence breaks the law. This happens where the sentence given is unreasonable. It may be too long or too short.
- The appellate criminal attorney San Diego can also help you appeal if the judge did not apply the sentencing guidelines accordingly
Generally speaking, an appeal is based around time. If the defendant feels the sentence is more than the set maximum, he may appeal. On the other hand, if the prosecution feels the sentence is less than the minimum required for a crime according to the US Sentencing Guidelines, he may appeal. Whatever is the case, never handle an appeal without the legal counsel of an appellate criminal attorney San Diego.
What are US Sentencing Guidelines?
The US Sentencing Guidelines are preset rules that guide the federal judge when determining a sentence for a crime. To determine the extremes of a sentence, the judge uses a math formula which awards points for the seriousness of a crime. The formula also factors in the crime history of the defendant. The more points a case gets, the harsher the sentence will be and vice versa.
You need proof?
Before you can file an appeal, you will need proof that the sentence is wrong. You will also need to present your case well else you will lose the appeal. Hiring a good appellate criminal attorney San Diego is a good point to start. He will help point out specific circumstances and facts in the ‘record’ where the sentencing judge made a mistake. The record is an account of everything that went on during the court process.
Prior to appealing, gathering proof is the most critical step. It is not easy to spot and match an error. You will need a trained eye for this. Hire an experienced appellate criminal attorney San Diego.
One thing you need to understand is that after winning an appeal, you will not get an out of jail free card. Your case will be remanded (sent back) to the court for a new hearing or to the judge who sentenced you. The appeals court will give detailed instructions/ guidelines to the sentencing judge on how to rectify the error.