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What should you know about criminal appeals?

On Behalf of | May 22, 2024 | Criminal Appeals

Going through a criminal justice case is a challenging undertaking. While some people admit that they broke the law and enter into a plea deal to resolve their case, others go through the criminal trial process. By the end of the trial, a verdict of guilty or not guilty is generally rendered. If a person is found guilty, they go through the sentencing process.

There are a lot of factors that influence a criminal trial. Each one of those presents a chance for something to go wrong. Every criminal case must be handled in accordance with established protocol that’s based on a variety of laws. When any of those protocols aren’t followed, a defendant may be able to pursue an appeal of that specific aspect of their case.

Appeals don’t introduce new evidence

One of the most important points to remember if you’re considering an appeal of a criminal is that it doesn’t introduce new evidence or information. Instead, it focuses on points that weren’t handled in line with the law and legal process during the case. An appeal petition is reviewed by a judge or a panel of judges. This means that everything must be legally accurate because it will be scrutinized to determine if the appeal should be granted.

Most appeals are handled with written arguments

Unlike the criminal trial, which focuses heavily on oral arguments and testimony, most criminal appeals rely solely on the written arguments about why the appeal should be granted. There are limited instances in which the appellate court may ask for oral arguments. These are often very short, so they must present the impactful facts in a concise method.

Appeals in criminal cases can be complex because they’re based on the application of specific legal concepts. This is something that most people don’t have knowledge of without special training. Working with a legal representative who’s familiar with the case, the specifics of the trial and the basis of the appeal can help to ensure that any appeals-related efforts are as successful as they can possibly be.