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Appeals
Understanding the Appeals Process in Criminal Cases
Getting convicted of a crime can be devastating. But the legal system provides convicted defendants the right to appeal. Appeals offer a chance to overturn wrongful convictions or unfair sentences.
This article explains how criminal appeals work and what to expect from the lengthy appeals process.
Grounds for a Criminal Appeal
In criminal cases, appeals focus on legal or procedural errors that violated the defendant’s constitutional rights. Possible grounds for appeals include:
- Violations of due process rights
- Insufficient evidence to support a conviction
- Unreasonable sentences or excessive punishments
- Incorrect application of the law by the trial judge
- Wrongful exclusion of evidence that could exonerate
- Misconduct by prosecutors, judges, or law enforcement
Your lawyer identifies the best legal issues to raise on appeal to try getting charges dismissed or a new trial ordered.
Filing the Notice of Appeal
The first step in the appeals process is filing a notice of appeal within 30 days after sentencing or conviction. This gives the court and prosecution notice that the defendant intends to appeal.
To start preparing the appeal, your lawyer will:
- Order transcripts of the trial proceedings
- Review court documents like motions and rulings
- Research case law precedents
- Draft the appellate brief outlining the appeal arguments
The Appeals Court Briefs
The main part of the appeals process involves submitting written legal briefs arguing why the conviction or sentence should be overturned based on errors made at trial.
The briefs outline the case facts, trial events, legal precedents, and arguments why the verdict was unlawful or unfair.
Key briefs include:
- Appellant brief by defendant
- Opposition brief by prosecution
- Reply brief by defendant (optional)
Oral arguments may also occur, allowing each side to argue their case before a panel of appeals judges.
Appeals Court Decisions
After submitting briefs and oral arguments, the appeals judges will make a decision, typically within 90 days. The appeals court can:
- Affirm the conviction and sentence
- Reverse specific aspects and remand for a new trial or sentencing
- Vacate the entire judgment if severe errors occurred
More complex cases take longer for the appeals court to review before issuing a decision.
Further Appeals Options
For those who lose at the initial appeals level, it may be possible to file further appeals to continue fighting the case:
- Request an en banc hearing before the full appeals court
- Appeal to the state supreme court
- File appeals through the federal court system
- Petition the U.S. Supreme Court to hear the case
But higher courts only hear cases involving major legal questions or constitutional issues. Most criminal appeals end at the first appeals court level.
Habeas Corpus Appeals
Prisoners can also file habeas corpus petitions claiming their imprisonment is illegal due to rights violations or new evidence of innocence.
Federal judges review habeas petitions to determine if a person is wrongly incarcerated in state or federal prisons.
Time Required for Appeals
Due to the numerous briefs and court scheduling, appeals often take over a year to resolve. Some factors affecting the timeline include:
- Number and complexity of legal issues raised
- Size of the trial court record
- Court caseload and backlog
- Requests for extensions of time
- Appeals to higher courts
While lengthy, appeals remain critical for those seeking to overturn wrongful convictions or unfair sentences.
Success Rates for Appeals
The majority of criminal convictions are upheld even after appeals. Some key statistics on success rates:
- Only around 10-20% of appeals overturn convictions in whole or part
- Lower courts get overturned more often than appeals courts
- Non-violent crimes have higher reversal rates
- Sentencing appeals succeed more often than conviction challenges
Despite the long odds, appeals provide the only path to overturn legal and procedural errors. An experienced appeals lawyer can help identify the strongest issues to raise.
Conclusion
The appeals process is complex and often lengthy, but critical for those seeking justice after conviction. Understanding how criminal appeals work helps set expectations and navigate each step.
References
[1] Brief | Wex | US Law | LII / Legal Information Institute
[2] How Criminal Appeals Work | Nolo
[4] Criminal Appeals in State Courts | Bureau of Justice Statistics