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 conviction or order a new trial.
Successful appeals can have life-altering results, but they are never guaranteed. This area of the law is unique, so it is vital to seek guidance from an experienced appeals attorney. A Lincoln appeals lawyer can advise you on your chances of success and guide you through the appellate system.
Identifying the Grounds for Appeal
You cannot seek to have a conviction overturned at the appellate level without first identifying an error made at trial. If there are no grounds for appeal, the appellate court does not have the power to take up the case at all. That said, there are multiple errors that could warrant a new trial.
The judge has wide latitude to make decisions at trial. However, 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 discretion.
Errors in the application of the law could also 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 the conviction.
Other possible grounds for appeal could include the violation of the defendant’s rights or ineffective representation by the defendant’s attorney. A criminal lawyer in Lincoln can help you determine whether you have a valid reason to appeal your conviction.
What are the Possible Outcomes of an 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 by the trial court, reverse the decision, or remand the case for further deliberation.
Affirming the Decision of the Trial Court
Affirming the decision 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. This is the most common outcome for 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.
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.
Much like in trial, an attorney cannot guarantee a favorable outcome in a criminal appeal. However, a legal professional can provide the experience needed to obtain a favorable outcome on the appellate level.
Discuss Your Case with a Lincoln 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.
The appellate process involves complex rules and strict deadlines, so call a Lincoln appeals lawyer at Berry Law to ensure your appeal meets all of the necessary technical requirements. Schedule a confidential consultation today to get started.