Grounds for Appeal

The term “grounds for appeal” refers to the reason you give the court for your appeal. Several grounds can be used to challenge a criminal conviction.

These include:

  • Improper jury instructions
  • Admission of unreliable evidence
  • Improper hearsay or violations of the Confrontation Clause
  • Failure to establish chain of custody
  • Improper closing arguments.

There are many other legal claims that can be raised on direct appeal, based on the unique facts of your case. It is important to note that appealing a conviction can be a complex and lengthy process, and it is often necessary to work with an experienced appellate attorney.

Appellate Process

An appellate court is a court that has the authority to review decisions made by lower courts or administrative agencies. The purpose of this court is to determine whether the lower court or agency made any errors in its decision or application of the law.

The appellate process begins with the filing of a notice of appeal. Once the notice of appeal is filed, the appellate court will review the trial transcript and other relevant documents. Oral arguments may be presented by the parties involved, and the appellate court will ultimately make a decision regarding the appeal.

Working With an Appellate Attorney

To ensure the best possible outcome for your post-trial criminal appeal, working with an appellate attorney during the process is critical. An experienced attorney can help you navigate the appeals process, identify any legal errors or issues that may have occurred during your trial, and make persuasive arguments on your behalf.

When choosing an appellate attorney, having someone with experience in criminal appeals and a track record of success is crucial.

Success Rates of Post-Trial Criminal Appeals

The success rate of post-trial criminal appeals can vary depending on various factors. There’s no guarantee of winning an appeal; statistics show that less than 9% of federal appeals are successful yearly.

Factors that may impact success rates include the strength of the grounds for appeal, the quality of legal representation, and the specific appellate court hearing the case.

Contact a Trusted Post-Trial Criminal Appeals Lawyer Today

Need to fight a criminal conviction or sentence? It is important to understand your options for appealing the decision. The post-trial criminal appeals process can be complex, but with the right legal representation, you may be able to successfully challenge your conviction or sentence.

If you are considering filing an appeal, consider working with an experienced appellate attorney at Elizabeth Franklin-Best. We’ll guide you through the process and fight for your rights. Contact us today to schedule a free initial consultation.

FAQs: Post-Trial Criminal Appeals

How much does it cost to file an appeal?

The cost of filing an appeal can vary depending on the case’s specific circumstances. An appellate attorney can provide an estimate of the costs involved.

Can I represent myself in an appeal?

While it is possible to represent yourself in an appeal, it is generally not recommended. The appeals process can be complicated and technical, and working with an experienced appellate attorney can greatly increase your chances of success.

How long do I have to file an appeal?

The deadline for filing a federal criminal appeal is typically 14 days after the entry of the judgment. However, there may be exceptions to this rule depending on the specific circumstances of the case.

What happens if the appellate court overturns my conviction?

If the appellate court overturns your conviction, your case may be sent back to the trial court for further proceedings, or the charges against you may be dismissed altogether.