Navigating the criminal justice system while facing criminal charges can be an intimidating experience, and the appeals process, in particular, can be especially lengthy and daunting. Fortunately, a Clarkston appeals lawyer may be able to explain the process to you and how it may potentially impact your conviction. Once retained, a qualified criminal defense attorney can examine your situation and assess your case to determine if you have adequate grounds for an appeal.
Types of Appeals in ClarkstonWhenever someone is convicted of a criminal offense, they have an absolute right to appeal their conviction. This type of appeal is known as an appeal by right.
In other cases, however, individuals must pursue an appeal by leave, which requires the permission of the court when filing. Typically, this appeal occurs after individuals have pled guilty to a crime or the time for filing an appeal by right has already passed.
It is important to note that disagreeing with the outcome of a case is not adequate grounds for an appeal. Instead, successful appeals center around legal errors that ultimately affected the decision of the judge or jury in convicting the defendant. Some common examples of legal errors may include situations in which the court:
A Clarkston appeals attorney may be able to determine any bases for an appeal of a criminal conviction and take steps to build a strong and compelling case.
The Appellate ProcessEither the defendant or the prosecution can appeal the outcome of a criminal case. The appealing party is the appellant, and the responding party is the appellee. The appellant—along with their Clarkston appeals lawyer, if they choose to retain one—has the burden of proving that a legal error occurred in the case that resulted in a wrongful conviction.
Except in rare cases, the court reviewing the case does not consider or examine any new evidence in the case. Instead, the court reviews the record of the trial and all evidence submitted during the trial.
The appellant submits a written argument to the court explaining what legal errors occurred and why they justify the reversal of a conviction. The prosecution or appellee will then file their written counterargument. For example, the appellee may say that if legal errors did occur, they were harmless in that they did not impact the outcome of the case.
The appellant may submit a final written response to the appellee’s arguments. The court would then decide whether to hear oral arguments from the attorneys. Ultimately, the court would determine the outcome of the appeal.
Talk to a Clarkston Appeals Attorney About Legal OptionsIf you believe that legal errors occurred during your trial and you were convicted of a criminal offense wrongfully, skilled legal counsel may be able to help. A criminal appeal is far different from a criminal trial, and having the help of a Clarkston appeals lawyer can be invaluable in filing a successful appeal.
Appealing your case is your right by law. Call a dedicated attorney today to learn about your options.