Why You Should Hire a Criminal Law Attorney for Your Appeal

If you have been convicted of a criminal offense, once you have received a sentence, you may appeal that sentence. If the conviction is the result of a guilty plea, you may have to request permission to file the appeal. If your conviction is the result of a trial, you have a right to appeal. In an appeal, the case is not retried, but the trial records are examined to ascertain whether or not you received a fair trial.

It is important to know that appeals are not automatic, and they are governed by strict rules and time limits.

The parties to the appeal submit briefs to an appellate court. The appellate court also receives a transcript of the trial, as well as any evidence that was used in the trial. The arguments are generally short and focused on technical aspects of the law. The appeals judge is looking for errors that may have impacted the verdict of the trial.

There are various classifications of trial errors that the appeals judge will be looking for in reviewing your case. One is the reversible error, which is an error that causes the appellate court to reverse the decision of the trial judge. An invited error is one in which the appellant invites the trial court to make a ruling which is erroneous. The appellant cannot appeal based on this "invited" error. A fundamental error is one at the very core of the case, and one that can be considered by the court even if the appellant misses it or fails to raise it as an issue in the appeal. A harmful error is one that had a probable impact on the outcome of the trial. A harmless error is one the appeals court judges to have had no impact on the outcome of the trial.

As you can see from this brief synopsis of the appeals process, it is most advisable to have the seasoned, trusted advice of a legal representative who is well-versed not only in the process but in the law as well. The appeal process is, in essence, a technical review of the trial and you would be well advised to avail yourself of the professional services of a criminal law attorney.