If you have been convicted of a crime, your criminal defense is not over. It is recommended that you consider appealing your conviction to take full advantage of your constitutional rights. Criminal convictions can result in high fines, years in prison, and even loss of certain rights.
An appeal can potentially modify or even dismiss the charges against you depending on the unique circumstances of your case. Work with a dedicated criminal defense lawyer to discuss all available legal options. A skilled North Charleston appeals lawyer could appeal your conviction and fight for your freedom.
What is an Appeal?
Following a conviction in criminal cases, an appeal seeks the legal review of a court’s decision by a higher-level court. Court of Appeals or even the State Supreme Court can review a trial court case for legal errors that occurred, leading to the defendant’s conviction.
Grounds for Appeals in North Charleston
The grounds for an appeal can vary greatly depending on the unique nature of the defendant’s case. When errors of law occur by the trial court, prosecutor, or other party, this may be the basis for a reversal of the charges against the defendant. Another common basis for an appeal is that the defendant’s trial counsel acted incompetently in the defense and harmed the defendant’s case. A skilled appeals attorney familiar with local court systems could review a particular case to determine whether there are grounds for appeals.
Understanding the Appellate Process
After a conviction, an appeal is filed requesting the higher court to review the case for errors. The parties will submit briefs designed to show the higher court where the errors did or did not occur. These briefs are subject to certain requirements and time limitations that a knowledgeable appeals attorney could further explain to a convicted North Charleston resident.
If the appeals court finds no error with the case and affirms the decision of the trial court, it is sometimes possible to submit a case to the state Supreme Court for review. These procedures are even more complex than the first appeal and require persuasive legal counsel to effectively present the defendant’s case.
Appeals of criminal cases are complex and completely different from the procedures that occur in the trial court. The legal strategies and arguments permitted are much more limited and controlled by strict appellate law. To navigate these legal processes in North Charleston and increase the chances of overturning their convictions, individuals should work with an experienced appellate lawyer.
Potential Results of an Appeal
At the conclusion of an appeal, there are several different results that may occur from the higher court’s review of the case. The first is that the appeals court may affirm the lower court’s decision. In this scenario, the higher court found no errors and agrees with the decision of the trial court. This would result in no changes to the defendant’s conviction.
Alternatively, the appeals court may modify or remand the case back to the trial court. This means that the appeals court found an error and modified it themselves or decided to send the case down to the trial court for further action.
In rare cases, an appeals court may reverse the conviction and dismiss the case altogether. A skilled lawyer could assess a defendant’s circumstances and advise on building an effective appeals strategy for the particular case.
Speak to a North Charleston Appeals Attorney Today
A conviction does not need to be the end of the road for your defense. Appeals are meant to right errors made by your former lawyer or the trial court. If mistakes occurred, you should not face criminal penalties that you do not deserve.
An experienced North Charleston appeals lawyer at Adams & Bischoff could review your case and help file your appeal. Contact us today for a consultation.
