Going through a criminal trial is an overwhelming experience. More so if the court’s decision was not in your favor. Still, it might not be the end of the road for you. After receiving the court’s final decision, you still have the right to appeal your case. The appeals process is a chance to challenge the court’s decision based on legal grounds.
In an appeal, the burden of proving an error is on the defendant. With the help of an attorney, you must present evidence supporting your claim that there was a violation of your constitutional right, your previous counsel was ineffective or there was insufficient evidence against you. However, an appeal does not guarantee an overturn of a conviction.
Appeals can lead to a new trial
Winning an appeal does not automatically mean a reversal of your criminal conviction. It could trigger a new trial for your case in a higher court, or the court could send your case back for a retrial at the same court.
The court can provide a different sentence
When the court sees an error in the previous trial, they can decide on a new sentence. If your appeal was unsuccessful, you could also explore other post-conviction remedies. They could consider shortening your sentence or deciding on a different punishment based on your petition.
You can file a writ of habeas corpus
When you have exhausted all your appeals, your last resort is to file a writ of habeas corpus. It challenges the legal basis of your imprisonment based on the grounds that your constitutional rights were violated.
Appeals are a complicated and draining process. You must go through this process with a well-reviewed case and properly presented evidence. Going through this process with the help of an experienced criminal appeals lawyer would be the best option for a successful appeal.