Hampton Roads Appeals Lawyer
Contrary to popular belief, criminal proceedings do not necessarily end immediately after a conviction. If you do not agree with the outcome of your case, you may have the right to file an appeal and seek to get your charges reduced or even your entire case overturned.
A successful appeal can greatly improve the quality of your life, but the appeals process can be difficult to navigate without assistance from a criminal defense attorney, especially if you have never filed an appeal or appeared before an appellate court before. Fortunately, a Hampton Roads appeals lawyer could act as an advocate for you and offer the legal advice and guidance you may need throughout the process.
Grounds for Appeal
There are numerous potential grounds for an appeal, including:
- The jury was biased or given the wrong instructions
- Ineffective or subpar legal counsel was provided
- A legal error was made on behalf of the court
An appellate court will not make an entirely new decision during the appeals process, but it could take action if a legal mistake or bad decision was made during previous proceedings.
In order to effectively pursue an appeal, an individual and their Hampton Roads appeals attorney must make a strong argument that the appeals court should take action to remedy a procedural or ethical error. They must also identify any technical problems that may have occurred in the lower court case.
The Appeals Process
If an individual believes they have grounds for appeal, they must first file a petition. Convicted individuals have a limited window of time in which to file an appeal, so anyone wishing to do so must do so quickly.
Case decisions are made according to the appellate brief submitted to the court, as well as any relevant legal argument made by the attorney of the person appealing. No witnesses or new evidence may be presented during the appeals process, so the entire decision depends on the strength of the argument made by the attorney of the person appealing.
While the court is reviewing the petition, as well as any opposition filed by the prosecutor, an appeals lawyer in Hampton Roads may submit a request to the prosecutor for the case to be referred to a judge who will decide whether to take the appeal. If no reply is submitted by the prosecutor, the petitioner must make an oral argument before three judges, who would then decide whether to grant or deny the appeal.
Throughout this process, all three judges do not have to arrive at a unanimous decision. If a single judge agrees to grant the appeal, the appeal is granted. If all three judges disagree, the appeal is denied.
Learn More from a Hampton Roads Appeals Attorney
Filing an appeal on your own can be a daunting task, so you may need the assistance of someone more experienced with these kinds of proceedings. A Hampton Roads appeals lawyer could help you file your appeal, communicate with the prosecutor, and assemble a powerful oral argument on your behalf. Call today to learn more.
