If your recent criminal case ended with a verdict that was not in your favor, you may be able to contest the court’s ruling by filing an appeal. However, it is essential to note that this process is not available in every situation, and even valid appeals can take a long time to pursue. To learn about your specific rights and potential appellate options, talk with an Omaha criminal appeals lawyer at Berry Law today.
Succeeding with a criminal appeal is difficult, so it’s important to seek help from a dedicated criminal defense attorney. You must meet tight deadlines and technical guidelines to even file an appeal. The appellate process is complicated and precise: one misstep and your appeal could be lost.
If you want to continue fighting your after a criminal conviction, get in touch with an Omaha criminal appeals attorney as soon as possible to discuss your legal options.
When Can a Criminal Defendant Appeal a Conviction?
Criminal defendants do not have the right to file an appeal simply because they disagree with the verdict they received. You may only challenge a criminal conviction on procedural grounds. Also, most appeals do not allow you to submit new evidence to overturn a prior conviction.
There are four valid grounds for appeal that an Omaha appellate attorney can argue in a criminal case.
- The most common basis for an appeal is that some legal error occurred during the trial that constituted a violation of the defendant’s rights.
- Alternatively, an appeal might be based on allegations that a judge abused their authority and made an arbitrary decision with no basis in the law or facts of the case.
- It may also be possible to appeal a criminal verdict if the jury relied on inadmissible evidence or did not have access to admissible evidence when making their decision.
- Finally, if the defendant’s legal counsel did not provide competent representation during the trial, a different appellate attorney can help appeal a negative case outcome that stemmed directly from the previous lawyer’s poor conduct.
Can You Pursue a Criminal Appeal in Omaha?
Nebraska Revised Statutes §25-1912 grants Omaha residents the right to appeal court decisions and sets out the basic regulations for this procedure.
Initial Appellate Filing Requirements
Under state law, anyone who wishes to appeal a court verdict must first file a notice of intention with the Clerk of the relevant District Court and pay a filing fee. These initial steps must occur within 30 days of the original judgment in question.
Then the Clerk of the District Court gathers relevant information about the case and sends it to you or your criminal appellate lawyer, and you then have 30 days to serve the Clerk of the Nebraska Supreme Court with an appellate brief about the case.
Preparing an Appellate Brief
The court will set a briefing schedule that you must follow. Your appellate brief must conform to strict guidelines and formatting. All appellants are required to abide by appellate rules which can be extremely complicated. In your brief, you must present valid legal arguments and prior caselaw to support your argument that you deserve a change in the trial verdict.
In general, you can request several possible outcomes from the Appellate Court. For example, you may request a new trial or the reversal of the lower court’s decision whether that is the trial court or the state Court of Appeals. However, you may not submit new evidence or bring forward additional witnesses.
The Government’s Response
On behalf of the government, an appellate prosecutor will usually submit a brief in response to your brief. After reviewing both briefs, all relevant arguments, and legal precedent, the Nebraska Court of Appeals can schedule a hearing for oral arguments or decide the case without allowing further discussion.
The Court of Appeals may decide to reverse the lower court’s ruling, remand the case back to the lower court for further adjudication (with or without specific instructions), or deny the appeal and affirm the lower court’s decision. The appellate court’s decision can be final, however, you might have the right to appeal your case to the Nebraska Supreme Court under certain limited circumstances.
Nebraska Supreme Court Options
While most cases are eligible for appeal to the mid-level Court of Appeals, only a few cases can be appealed to the Supreme Court. Then, even if a case can request an appeal, the Supreme Court does not have to accept every case that requests a hearing at that level.
Unlike a typical evidentiary trial in your local courthouse, a criminal appeal is highly technical and complex. You should work with a skilled criminal appellate lawyer to handle your appeal to increase your chances of success.
Speak with an Omaha Criminal Appeals Lawyer at Berry Law Attorney to Learn More
The process of appealing a criminal trial verdict in Omaha can take anywhere from a few months to over a year, and there is no way to guarantee success. Appellants must understand and follow strict court rules and deadlines or risk having their appeal thrown out. Working with an experienced criminal appellate attorney is key to navigating an appeal efficiently, effectively, and hopefully, successfully.
With the help of an Omaha criminal appeals lawyer at Berry Law, you can significantly improve your odds of a favorable appeal outcome. Contact us today to schedule a confidential consultation and learn more about everything Berry Law can do for you.
