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.
Succeeding with an appeal is difficult, so it would be best if you sought help from a dedicated defense attorney. If you want to continue fighting your case after a conviction, get in touch with an Omaha appeals lawyer as soon as possible to discuss your legal options.
When Can a Defendant Appeal His or Her 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.
There are four valid grounds for appeal that your Omaha attorney can argue in a case. The most common is an error during the trial that constituted a violation of your rights. Alternatively, you may base your appeal on allegations that a judge abused their authority to make an arbitrary decision with no basis in the facts of the case.
It may also be possible to appeal a criminal verdict if the jury used inadmissible evidence or did not have access to admissible evidence when making their decision. Finally, if you believe your legal counsel did not provide competent representation, an attorney can help you appeal a case outcome that stemmed directly from your previous lawyer’s poor conduct.
The Process of Pursuing an Appeal in Omaha
Nebraska Revised Statutes §25-1912 grants Omaha residents the right to appeal court decisions and sets out some basic regulations for this procedure. 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 within 30 days of the original judgment.
Once the Clerk of the District Court gathers relevant information about the case and sends it to you, you then have 30 days to serve the Clerk of the Nebraska Supreme Court with a brief about the case. Through this brief, you can request a new trial or the reversal of a lower court decision from the state Court of Appeals. However, you may not submit new evidence or bring forward additional witnesses.
The lower court may also submit a brief in response to your brief. After reviewing both briefs, the Nebraska Court of Appeals has the authority to make a ruling with or without scheduling a hearing for oral arguments. The Court of Appeals’ decision is generally final, though you might decide to continue to appeal your case to the state Supreme Court. A skilled lawyer can help you with a second appeal if appropriate.
Speak with an Omaha Appeals Attorney Today
The process of appealing a verdict in criminal court can take anywhere from a few months to over a year, and there is no way to guarantee success. However, seeking help from experienced legal counsel is often key to navigating an appeal efficiently and effectively.
With the help of an Omaha appeals lawyer, you can significantly improve your odds of a favorable case outcome. Call today to schedule a confidential consultation and learn more about what Berry Law can do for you.