 |
 |
Back to Criminal Defense Attorneys Home |
Appeals and Post-Conviction
Appeals and Post-Conviction
If a defendant is found guilty, a sentence is decided upon by the judge presiding over the legal proceedings. Sentencing can take many forms including the revocation of privileges such as driving, house arrest, community service, and imprisonment. The penalties of crimes committed are referred to as direct consequences and they are usually in accordance with an applicable law or statute.
After sentencing, a defendant may appeal the terms of conviction to a higher court. The party filing the appeal is known as the appellant or petitioner and the other party is known as the appellee or respondent. An appeal is the act of challenging a judicially binding judgment. In most jurisdictions, this involves filing a notice with the lower court to inform them of the defendants intention to take the matter to a higher court, and then filing the appeal with the appropriate area appellate court.
There are two types of appeals. An appeal as of right is guaranteed by statute or some underlying legal principal. The appellate court cannot refuse to listen to this type of appeal. An appeal by leave or permission requires the appellant to move for leave to appeal. In this instance, either or both the lower court and the appellate have the right to grant or deny the appellants request to challenge the lower courts decision. In criminal matters, the prosecution usually has no appeal as of right. However, in equity or civil matters, either party may appeal.
Once an appeal is received by the appellate court, the appellate examines the records of the lower court proceedings to see if an error was made. Most times, the appellate will focus their attention on the application of the law versus the lower courts findings of fact (such as whether a defendant committed a particular crime act). If the appellate does not find any errors, it affirms the judgment of the lower court. If errors in judgment are evident, the appellate will then determine the correct course of action, which may lead to a new trial, re-sentencing, or a complete discharge of the defendant, as is mandated by the circumstances. The appellate has full power to modify or nullify the whole decision of the lower court or any part of it. It may also send the case back to the lower court should it find the need for further proceedings.
|
|
 |
|
 |
 |
 |
You may also search for one of America's top
Criminal Defense Attorneys
in your state by clicking your state below.
|
 |
 |
|