If you have been convicted of criminal charges, you may be facing heavy penalties, such as jail or prison time, fines, and a permanent criminal record. If you believe that there were legal errors made in your trial by the judge or prosecution, you have the right to appeal a criminal case. This also applies to any ruling made in a preliminary hearing or during pre-trial motions.
An appeal is not a new trial, and not every case can or should be appealed. At The Law Office of Corey Evan Parker, attorney Parker will listen to what you have to say and review the court transcripts of your trial if you decide to hire him. If we believe your prospects for appeal are not favorable, he will not hesitate to tell you honestly.
Our practice is focused on civil and criminal appeals.
Who Can Appeal a Criminal Case?
Convicted defendants have a right to have their case reviewed by an intermediate appellate court with a three-justice panel, provided they file a Notice of Appeal within the time prescribed by law. If the defendant is acquitted, the prosecution does not have the right to appeal.
What Happens in a Criminal Appeal?
The appellate court is reviewing the case for errors made in the trial court. The appeal process is basically:
- The appellant’s attorney will file a Notice of Appeal, obtain and review the transcripts of the trial, and submit a brief in support of reversal of the conviction — or reduction of the sentence, at the very least — detailing legal errors that were made in the trial.
- The government will submit a responding brief
- Then, the appellant’s attorney has the opportunity to reply to the respondent’s brief and the court may hear oral argument from both sides..
- Eventually (it could be weeks or months later) the appellate court will issue a written decision, reversing or upholding the conviction. The appellate court can review and reduce a sentence, even when the conviction is upheld.
Appellate courts typically only review legal errors when there were legal claims raised during the trial. For example, if defense counsel objected to certain actions of the prosecution during trial, those actions can be raised in the appeal as legal errors. However, if no objection was made during trial, the appellate court will not consider that legal claim.
Not every legal error made during a trial merits reversal of a conviction on appeal. If a legal error was likely to have contributed to a guilty verdict, it may be grounds for reversal. Legal errors affecting Constitutional rights require reversal of a conviction, unless the appellate court determines that the error was harmless.
California and Washington Attorney Who Understands Appeals
To appeal a criminal case, you need an attorney who truly understands appeals. At The Law Office of Corey Evan Parker, attorney Parker will file your Notice of Appeal, procure and meticulously review the Record on Appeal, conduct the necessary legal research, and prepare a persuasive opening brief covering any significant errors, substantive or procedural, that occurred during your trial. Please feel free to Contact us for a one-hour consultation with no obligation if you need to appeal a criminal case.