Appeals Process for Criminal Summons Cases: Grounds and Procedures
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Appeals Process for Criminal Summons Cases: Grounds and Procedures
You got a criminal summons; now what? Don’t panic – our lawyers are here to walk you through the appeals process. We’ll break it down step-by-step, so you know exactly what to expect.
What is a Criminal Summons?
A criminal summons is basically a ticket – it‘s an order to appear in court on a specific date to face criminal charges. Sounds scary, right? But don‘t worry, it doesn‘t mean you’re getting arrested or going to jail…yet.It’s just the first step in the legal process. The summons will tell you what crime you’re accused of committing, like disorderly conduct, harassment, or petit larceny. Basically, lower-level offenses that aren‘t felonies.
Appearing for Your Summons
The first thing you need to do is show up for your court date. Seriously, don’t blow it off – that’s a surefire way to get a warrant out for your arrest. Not a good look.When you get to court, you’ll be arraigned. That just means the judge will tell you what you’re charged with and set bail (if needed). This is also when you enter your plea – guilty or not guilty.Our advice? Plead not guilty. Even if you did, in fact, do the crime, pleading not guilty buys you time to figure out your defense strategy with your lawyer.
Grounds for Appeal
So you went to court, maybe even had a trial, and got convicted. Ugh, that sucks. But don‘t throw in the towel just yet! You may have grounds to file an appeal and get that conviction overturned or reduced.Some common grounds for appeals in criminal cases include:
- Insufficient evidence to support conviction
- Prosecutorial misconduct
- Inadmissible evidence was allowed
- Jury was improperly instructed
- Judge showed bias or abused discretion
- Ineffective assistance of counsel
- New evidence has come to light
Basically, if you feel there were legal errors made that violated your rights or rendered the trial unfair, you can appeal. Our criminal appeals lawyers know all the ins and outs.
Notice of Appeal
The first step in the appeals process is filing a Notice of Appeal. In New York, you typically have 30 days from the date of sentencing to do this. Miss that deadline and you could be out of luck.The Notice lets the court know you intend to appeal your conviction or sentence. It‘s a pretty simple document, but it has to be filed properly and on time. That‘s where having an experienced appeals attorney comes in clutch.
Getting the Trial Transcripts
Next up, your lawyer will order the transcripts from your original trial. These are word-for-word records of everything that was said in court – the witness testimonies, the lawyers‘ arguments, the judge’s rulings, etc.Your appeals lawyer will go through these with a fine-toothed comb, looking for any errors, inconsistencies, or issues that could potentially get your conviction overturned. It‘s tedious work, but so important.They’ll also get copies of all the evidence, motions, and other legal documents from the case. Leaving no stone unturned in building your appeal!
The Appeals Brief
This is where the real work happens. Your lawyer will write an extremely detailed legal brief, basically an argument for why your conviction should be overturned or your sentence reduced.It has to lay out exactly what errors were made, citing specific portions of the trial transcripts and relevant laws and precedents. No vague arguments allowed – this brief has to be air-tight.The prosecution will also submit their own brief, arguing why your appeal should be denied and conviction upheld. Then your lawyer may file a reply brief, rebutting their arguments. It‘s a delicate legal dance.Some examples of issues commonly raised in appeals briefs:
- Lack of evidence for conviction (https://www.reddit.com/r/legaladviceofftopic/comments/uy9yjx/can_a_conviction_be_overturned_on_appeal_due_to/)
- Juror misconduct or bias (https://www.quora.com/Can-a-criminal-conviction-be-overturned-on-appeal-if-it-is-discovered-that-a-juror-lied-during-voir-dire)
- Inadmissible evidence wrongly allowed (https://www.avvo.com/legal-guides/ugc/grounds-for-appealing-a-criminal-conviction)
- Improper jury instructions (https://www.findlaw.com/criminal/appeals/appealing-a-criminal-conviction-overview.html)
- Ineffective assistance from original lawyer (https://www.lawinfo.com/resources/criminal-defense/appeals/appealing-a-criminal-conviction-based-on-ineffective-assistance-of-counsel.html)
Our appeals team has seen it all and knows exactly what kinds of issues will catch a judge’s attention.
Oral Arguments
In some cases, your lawyer may get to present oral arguments to the appeals court judges. This is a chance to emphasize the key points and respond to any questions the judges may have.It’s like a live debate between the two sides. Your attorney has to be a skilled orator and think on their feet to drive their arguments home persuasively.Our appellate attorneys have argued before the highest state and federal courts – they know how to command a courtroom. Having that experience can make all the difference.
The Appeals Court Decision
After all the briefs and oral arguments, it‘s up to the appeals court judges to decide your fate. They’ll either affirm the original conviction, overturn it entirely, or possibly send it back for a new trial.It’s an agonizing wait, but try to be patient. These decisions are never rushed, as the judges carefully review every detail of your case.If your appeal is granted, congratulations! You beat the odds. If not, you may still have additional options like appealing to a higher court.Either way, our team will walk you through it and never stop fighting for you. We’ve gotten convictions overturned when all seemed lost.