A criminal conviction could leave you feeling angry and defeated, but a defense attorney could help you file an appeal to keep fighting for justice. Criminal appeals require sophisticated legal arguments and strict compliance with rules. A Summerville appeals lawyer could review your case and help you fight for your rights in the appellate court. Reach out to an accomplished criminal attorney today.
Filing an Appeal in Summerville
In most cases, a person found guilty of a crime may file an appeal according to the South Carolina Code of Laws §18-1-30. However, some circumstances make an appeal more likely to succeed.
Judges, police, prosecutors, and even defense counsel must follow laws and procedures during a criminal case. If these rules were not followed, a person might have a reason for an appeal.
- Police, prosecutors, or the judge violated the defendant’s constitutional rights
- The court failed to follow or enforce legal procedures
- A judge made an incorrect ruling on the admission of evidence at trial
Recognizing which errors and violations of rights are strong reasons for an appeal requires a strong understanding of the law. An appellate lawyer in Summerville could review a case and help determine the available grounds for an appeal.
Sentencing and Jail During an Appeal
Sometimes the government must wait until after an appeal is resolved to carry out the ordered sentence according to S.C. Code §18-1-70. However, the court may require a person to remain in jail during the appeal unless they post bail. Under S.C. Code §18-1-90, no bail is allowed when a case involves a sentence of death, life imprisonment, or more than ten years of prison.
Appeals often take a long time, so being held in custody during these cases can be personally challenging. Alternatively, the court may require the defendant to follow a variety of imposed orders as a condition of release. An appeals lawyer in Summerville may be able to help an individual fight for a fair and reasonable bail while an appeal is pending.
Legal Rules in Appellate Cases
A person wishing to appeal their case may benefit from speaking with legal counsel as soon as possible. If the appealing party does not follow the rules and deadlines, the court may refuse to hear their case.
Procedures and Deadlines
A person must file a notice with the correct court to appeal their case. The notice must be filed quickly, sometimes within ten days of a sentencing hearing, or the person may lose their right to appeal.
After filing a notice, there are other steps and deadlines. A person may need to obtain certified copies of transcripts or court records, and they will also need to file documents explaining the legal reasons for their appeal. Contacting a criminal appeals attorney in Summerville right away could help ensure compliance with all deadlines and procedures.
The law limits the arguments that a person can make as part of an appeal. Typically, criminal appeals must focus on legal errors made by the court during the case or trial. The court does not often consider additional evidence or new legal arguments during an appeal.
A person must explain their reasons for an appeal in a lengthy legal document called a brief. An appeal may have a higher chance of success if the brief contains strong legal arguments and references to other cases or laws. An experienced lawyer could formulate the arguments needed to protect a person’s rights.
Let a Summerville Appeals Attorney Help
If you believe that your court case ended with an unfair result, you may be able to keep fighting for justice through the appeals process. You may wish to file an appeal if a prosecutor or judge violated your rights or if errors were made during your trial.
The appeals process is complicated and often demands a thorough understanding of the law, but a Summerville appeals lawyer could help. Reach out today to learn about your post-conviction legal options.