After you’ve been convicted of a crime, you may have the option of appealing your case to a higher court. Criminal appeals are different from trials. In a criminal appeal, the higher court will review certain facets of your case for any legal error that was made during trial on part of the smaller court. The legal error must have been significant enough in order to warrant a review. In order to appeal your case, you must fulfill two requirements:
1)Evidence does not support the verdict
2)The lower court made a plain error
During an appeal, the appellant argues over the mistakes made during trial which ultimately affected the jury’s decision and the sentence imposed. It’s important to remember that an appeal does not mean an opportunity to provide new evidence. The court will review the case by looking at the records (i.e. transcripts, documents, etc.) and proceedings provided by the lower court and will not bother to look at any new evidence that may pop up in the case. Appeals differ from trials. Criminal appeals primarily focus on the facts of the case presented at trial. Criminal appeals don’t try to challenge the trial verdict, instead they challenge the sentencing.
In order to make a decision on the appeal, the appellate court will consult the record and briefs written by both sides stating their case.
If you’ve been convicted of a crime and would like to file an appeal in Orlando, contact the Orlando criminal appeals attorneys at the law offices of Jerry Jenkins. The law office will study your case and provide you with the advice you seek in order to let you know whether or not the court’s ruling will allow for a criminal appeal.
It’s important to remember that there is a deadline for filing an appeal which is typically thirty days from a final judgment. This provides enough time for a criminal appeals attorney to review the case and provide advice on whether you should pursue an appeal. In order to learn more about criminal appeals, contact our Orlando Criminal appeals attorney for more information.