Criminal Appeals Lawyer
Every offender that has been convicted at trial can appeal the case. This means he/she can have the entire case process reviewed by an appellate court. You can appeal the whole process starting from the investigation stage to sentencing. The appeals process takes a lot of time and money and often, only a handful of appellants are successful. Therefore, before you go ahead and hire a criminal appeals lawyer, make certain there is a viable reason for appealing.
In spite of the fact that it may take months for an appeals case to be concluded, there is a limited amount of time within which you should file for an appeal. Often, you have up to 10 days after being sentenced. Though you will be pressured for time, never file an appeal on your own. You will need the help of an appellate criminal attorney San Diego. The best criminal appeals lawyer understands the appeals process and he has experience working in higher courts.
To file an appeal, the criminal appeals lawyer will submit a written brief which notes the areas where the legal errors may have been made. Some of the common reasons for an appeal include:
- Invalid arrest
- Incorrect jury instructions
- The Judge’s failure to adhere to the sentencing rules
- Improperly admitted evidence
In some cases, offenders appeal the sentence of the court. Needless to say, you will still need help from the criminal appeals lawyer in this case.
After the criminal appeals lawyer files an appeal, the prosecution will respond by submitting a brief which responds to the appellant’s claims. He will also bring transcripts or the tape of the trial. These documents will go to the appellate court for review. The appellate court will either affirm the conviction or overturn the decision of the trial court. If the decision of the trial court is overturned, the prosecution will at times retry the case.
Winning in the appellate court is not easy. Only a handful of appellants are successful. This is why you need to hire only the best criminal appeals lawyer. Your criminal defense attorney San Diego will not cut it because he is inexperienced in matters related to appeals. In modifying a sentence, the appellate criminal attorney San Diego may use a number of strategies to argue your case. He may help you prove that:
- Your defense lawyer was ineffective
- New evidence supporting you has been discovered
- The judge misunderstood the law
As we said earlier, the appellate and the post-conviction process takes a lot of time. It may even add to the frustration and expenses. Owing to this reason, most people leave the burden of appealing to the prosecution. In fact, most of the appeals are won by the prosecution.
If you must appeal, the most important step in an appeal process is hiring only the best criminal appeals lawyer. You will need an appellate criminal attorney in San Diego with a proven track record. The most experienced lawyers are always the best. They have dealt with similar cases before and they know how to navigate the process.