If you have been convicted of a criminal offense, you could appeal the verdict, and under certain circumstances, it could also be possible to appeal a sentencing decision. Contact a Goose Creek appeals lawyer immediately if you wish to appeal a court’s ruling for your criminal conviction.
The time for filing an appeal is limited. Your case will not be reviewed if the appeal is not submitted within the legally specified timeframe. A dedicated criminal defense attorney could help you file your appeal on time.
Purpose of Appeals in Goose Creek
The purpose of an appeal is to have a higher court review the decision of a lower court. A review is requested when there is reason to believe the lower court made a legal or procedural error or that certain factors contributed to an incorrect verdict or ruling.
It should be noted that an appeal cannot be requested simply because a defendant is unhappy with the decision of the court. There must be legitimate legal grounds for moving forward with the appeals process. A higher court will not review the lower court’s ruling without a valid reason, such as:
- Prosecutorial misconduct
- Incompetence on the part of the defense attorney
- The case was heard by a court without proper jurisdiction
- Incorrect application or interpretation of the law (also called an error of fact)
- Inadmissible evidence was presented at trial that affected the outcome of the case
- The court imposed a punishment that exceeded the maximum sentence for the offense
A skilled attorney familiar with the appeals process in Goose Creek could review the circumstances of a case to identify if there is a valid legal reason for filing an appeal. Once identified, they could also work to have the appeal granted so a higher court will review the original ruling.
The Appellate Process
Several steps are involved in the appellate process in Goose Creek. The process begins with the filing and serving of a notice of appeal, as well as court transcripts from the original trial. The notice of appeal must be submitted within a certain period of time following the final ruling of the court to be considered.
After the notice of appeal has been filed and served to the appropriate parties, including the prosecution, the appellant has a limited amount of time to file an initial brief. The initial brief outlines the legal reasons for requesting an appellate review of a specific court ruling. Once the initial brief has been filed by the appellant, the prosecution can submit an initial brief within the specified timeframe.
If the appeals process continues to move forward, both sides will eventually submit final briefs and be given an opportunity to present oral arguments to the court. Ultimately, the appellate court reviewing the case will render a decision as to whether or not the ruling of the lower court should be reversed or upheld. A knowledgeable lawyer in Goose Creek can provide a detailed explanation of the appeals process during a confidential consultation.
Speak to an Appeals Attorney in Goose Creek if You Do Not Agree with Your Verdict
Reach out to a Goose Creek appeals lawyer if you believe there are legal grounds for appealing a verdict or sentencing decision. The appeals process is complex, and legal advice could ensure everything is done correctly and that all filing deadlines are met.
Requesting an appellate review of a court ruling requires a lot of hard work and can be a long process, but an attorney could handle everything for you. Speak to legal counsel about appealing your case today.