Sometimes, lawsuits may not conclude even after trial. Once the lower court has convicted a criminal defendant, he/she may file an appeal to a higher court asking it to review the ruling. 

One (or both) side may feel that the court committed an error in judgment or legal errors. Legal errors can occur because of improperly submitted evidence, incorrect jury jurisdiction, jury misconduct, or inaccurate application of laws. Errors are serious issues, as they may affect the outcome of the case and the fate of a person.

If you have been convicted of a crime and believe there was an error in the ruling, you can pursue the reversal of that conviction. This generally happens by filing an appeal or a writ.

When one files an appeal, he/she needs to describe which standard of review should be applied when the higher court reviews the case. After this, it is the appellate court that considers the arguments presented by both sides and has the power to overrule the trial court’s decision.

You can use the following tips when you appeal your criminal conviction:

If you’ve been convicted of a criminal charge because you plead guilty, then it doesn’t mean that you have an automatic right to appeal for a conviction. You need to submit certain documents, including the notice of appeal, to the appellate court before you start the appeals process. However, if your case was presented in front of a judge or a jury, then you have the complete right to challenge the ruling.

You need to speak to your criminal defense attorney about the type of criminal charges against you and plan your appeal. In most jurisdictions in the United States, appeals are heard in the court of appeals, only if the defendant is permitted by the appellate court to do so.

At the same time, if a court has acquitted the defendant, then the prosecutor may not appeal to reverse the verdict. This is because appealing the verdict of “not guilty” simply violates the double jeopardy clause in the Fifth Amendment. 

Once you know the lower court’s verdict, don’t wait until the last minute to determine whether or not you want to appeal. You should immediately inform your existing attorney about your decision or hire an experienced criminal appellate attorney to avoid complications in your case.

Your attorney can help you with filing the notice of appeal, prepare a pro se notice (a notice that you file on your own), and assist you in filing it in the appropriate court. He/she will also submit briefs to the court and may present oral arguments in the court of appeals.

If you’ve surpassed the deadline to file the appeal, the lawyer who represented you in the lower court is ethically obligated to help with the appeals procedure.

 

Once you have decided who is going to legally represent your case, initiate the appeals process. The first step is to file a completed Notice of Appeal with the trial court. Keep in mind that this document is not to be shared with the appellate court.

Depending on whether you were convicted of a felony, misdemeanor, or an infraction, file the notice of appeal form in your court. For criminal cases, the defendant’s notice of appeal must be filed in the district court within 14 days of the judgment or the order being appealed.

Find out the time period stipulated by your state as it may vary in different states. For instance, if you were convicted of a felony in California, you are bound to file the notice of appeal within 60 days after you were sentenced.

 

In legal parlance, an opening brief is a written argument submitted by the defendant (or appellant) summarizing the details of the case. Along with the brief, you need to provide strong legal arguments that support your appeal.

Your attorney will help you draft the brief and submit it within the specified time period. You need to use lucid and persuasive language, as the purpose of the brief is to convince the higher court that the lower court made a mistake in its decision, and that it should be reversed.

Decide with your lawyer the strategy and the legal argument(s) that can prove that you may have been wrongly convicted. For instance, if your trial lawyer failed to object to evidence presented by the prosecutor in your trial or made other legal errors, then it can be presented as a valid legal argument for the reversal of your conviction.

 

Once you have submitted the notice of appeal, the court of appeals will notify your lawyer of the date to hear oral arguments. This date is set by the court several weeks in advance, giving you ample time to prepare your arguments.

The court generally restricts the presentation time for oral arguments. Each party is given 20-30 minutes to present their arguments. Three justices are appointed to hear the appeal and decide your fate.

This is the time for your attorney to appeal in the best way possible. You may seek permission from the court of appeals to appear at the oral argument and observe the proceedings.

Being convicted of a crime can alter your life drastically. It can not only affect your ability to obtain employment, but will undoubtedly add emotional and psychological pressure to your life. If you think that your case was not handled appropriately, then appealing to the higher court is the best way to ensure a fair ruling.