Even if your criminal trial resulted in a conviction, you may not have run out of options. Following a trial, you are entitled to appeal your conviction. In some cases, an appellate court could overturn a criminal conviction or order a new trial based on legal errors that occurred during the trial. To learn more about your appellate options, reach out to a Lincoln criminal appeals lawyer at Berry Law today.
Successful appeals can have life-altering results, but they are never guaranteed. This area of the law is unique, technical, and highly complicated so it is vital to seek guidance from an experienced criminal defense attorney in Lincoln. When you work with a skilled criminal appellate lawyer, they can advise you on your chances of success and guide you through the appellate court system.
Identifying the Grounds for Appeal
You cannot ask to have a criminal conviction overturned at the appellate level without first identifying some sort of error that was made at trial. Without a legal error at trial, you do not have grounds for an appeal, and the appellate court does not have the power to consider your case at all. That said, there are a variety of potential errors that could qualify your case for an appeal.
Judicial Error
During a criminal trial, the judge has wide latitude to make decisions about what evidence is admissible, the legal arguments presented, and what law should be applied. First, if your judge made a decision that was not supported by facts or law, you may have grounds to appeal due to an abuse of judicial discretion.
Inappropriate Law or Rule Applied
Also, errors in the application of the law to your specific facts could lead to an appeal. Likewise, if the judge made an error when applying court rules to the submission of evidence or the examination of witnesses, you could contest your conviction at the appellate level.
Ineffective Assistance of Counsel
Other possible grounds for appeal could include a violation of a defendant’s rights or ineffective representation by the defendant’s attorney. A criminal appellate attorney in Lincoln can help you determine whether you have valid grounds to appeal your conviction.
What are the Possible Outcomes of a Criminal Appeal in Lincoln?
When the appellate court considers a criminal appeal, there are three possible outcomes to the case. The appellate court could affirm the decision reached by the trial court, reverse the trial court’s decision, or remand the case for further procedures.
Affirming the Decision of the Trial Court
When the appellate court affirms the trial court’s decision it means that the appellate court agrees with the outcome at trial and does not find grounds for overturning the decision. In a criminal case, it means the conviction stands. Since the appellate process is so challenging, this is the most common outcome for criminal appeals.
Reversing the Decision
The appellate court also has the power to reverse the decision of the trial court. A reversal typically occurs when the appellate court determines the trial judge decided a question of law incorrectly. When the appellate court reverses a criminal case on appeal, it overturns the conviction and brings the case to an end, barring further appeals or trials.
Remanding the Case for Further Deliberation
In some cases, the court will determine that an error at trial requires additional proceedings in the lower court. In these cases, the appellate court will remand the case for a new trial. This option might be appropriate if the appellate court determines the jury was prevented from hearing evidence they were entitled to consider. To remedy this, the appellate court could order a new trial where the previously excluded evidence will be allowed into the record.
Much like in trial situations, an appellate attorney cannot guarantee a favorable outcome in a criminal appeal. However, an experienced criminal appeals attorney can provide the knowledge and skills needed to obtain a favorable outcome on the appellate level.
Don’t Wait to Discuss Your Case with a Lincoln Criminal Appeals Attorney
Your right to contest the criminal charges against you does not end with a conviction at trial. If the judge in your case made an error, you may have grounds to challenge the conviction on appeal. However, you only have a short window of opportunity to bring an appeal and a dedicated criminal appellate lawyer needs time to review your case to prepare the strongest appellate argument possible.
The appellate process involves complex rules and strict deadlines that can’t be ignored. If you are considering a criminal appeal in Lincoln. reach out to the appeals lawyers at Berry Law to ensure your appeal is filed on time and meets all of the necessary technical requirements. Schedule a confidential consultation today to get started.
