Virginia Criminal Defense Attorney
Sometimes mistakes are made during a trial, resulting in an unfavorable judgment. The appellate process allows you to have another court review your case for legal errors. With the help of a Mecklenburg County appeals lawyer, you may be able to get the outcome that you are seeking. A criminal defense attorney could assess your claim and determine the suitability of your case for an appeal.
An appeal is a request for a higher or appellate court to look at the case and determine whether the trial court judge made the right decision. In an appeal, the appellate court can reverse or invalidate the trial court decision and, in some cases, order a new trial. However, if the appellate court agrees with the trial court judge, then it can affirm or uphold the original decision. In that situation, the trial court ruling remains in effect.
Merely disagreeing with the outcome of a criminal case is not a valid reason to file an appeal. Defendants must identify specific errors in the court decision that justify a review of the case. For instance, appeals frequently are based on the following grounds:
An appeal attorney in Mecklenburg County could provide adequate evidence in support of the grounds on which the appeal is relying. It should be noted, an appellate court only aims to correct any legal errors that exist in the previous decision.
Criminal defendants have a limited amount of time in which to file their petitions for appeals. A Mecklenburg County attorney could assist a defendant by filing a formal petition for appeal to the Virginia Court of Appeals within the necessary timeframe.
The Court of Appeals does not conduct a second trial, consider the presentation of evidence, or hear testimony from witnesses. Their initial basis for considering the appeal is the petition for appeal, an appellate brief submitted by each party, and a reply brief in response to the one filed by the state. The Court of Appeals will also look over the transcript of the lower court proceedings.
If the judge wishes to hear the appeal, the court will schedule the case for an oral argument, where attorneys for both parties present their sides. They make their arguments based on the existing evidence, without any consideration of new information not previously discussed.
If you have legitimate grounds for appeal, you may wish to seek a Mecklenburg County appeals lawyer. Although appeals can be lengthy and complicated, you may be able to improve the outcome of your case. By filing a strong appeal, you could point out any legal errors made in your case and work toward a better resolution. Schedule a consultation today.