Is My Case Eligible for Appeal?

Posted By David L. Carlson, Attorney At Law || 16-Oct-2015

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:

  1. The courts made a serious legal error or judgment during litigation.
  2. 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 of Virginia. Request your free consultation here.

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