Have you been convicted of a
criminal offense? You may have a chance for appeal. Initiating the appeals process is possible
in cases where there were legal or judicial mistakes made during the trial.
It gives those who believe the proceedings of the trial were unfair or
the evidence had no merit.
These are the two primary grounds for appeal:
- The courts made a serious legal error or judgment during litigation.
- The evidence does not correlate with the eventual outcome or verdict.
First, the appeal will be brought before the appellate court, where the
judge will decide if the errors were significant enough to warrant an
appeal. If successful, the case can then be brought to a higher court
to challenge the conviction. You may cite the fact that legal errors obscured
the evidence and the trial process, which eventually lead to a faulty
verdict and sentence.
How Does Appellate Court Work?
After the verdict is rendered from a trial and the defendant has received
sentencing, he or she may initiate the appeals process. It is important
to note that an appeal does not grant an individual a retrial of the case.
It is only meant to verify that errors were committed. Judges tend to
disregard minor mistakes that have no correlation with the end result.
If you win your appeal case, then the prosecutor can escalate the case
to a higher court. Many scenarios can arise. The prosecutor may choose
to plea bargain the case. Alternatively, you can opt to plead “guilty”
with the offer of “time served” that can help avoid spending
time in jail. Even better, there have been cases where the judge rules
that the evidence collected previously should never have been included
in the trial. This can help absolve defendants, as the evidence would
not be sufficient enough to support a conviction.
If you have been convicted of a criminal offense and are looking for a
way to appeal your case, contact Collier & Carlson today! Our Richmond
criminal lawyers stand up for the rights of citizens in the Commonwealth
Request your free consultation here.