Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

December 13, 2011

Criminal cases and seeking an appeal

If you have been convicted in a criminal case, despite the work of your criminal defense attorney, it means that you have been found guilty of a crime in a court of law or you have pleaded guilty or no contest to a crime.  What happens next in a criminal case?  Read on to find out and what you may be able to do about it.

Sentencing

After your are convicted of a crime in a criminal case, a judge will sentence you.  The sentence given in criminal cases varies based on the type of crime committed, but it will typically include community service, a fine, probation, or jail time.  The sentence for criminal cases may include one of these or more than one of these sentences.

During the sentencing phase of a criminal case, your attorney will have the opportunity to address the court to ask for leniency.  Leniency means that the court takes into consideration other aspects of the defendant’s life—perhaps that the defendant provides the sole support for a family, has small children, or has done good things in the community—in determining the sentence given to the defendant.  Leniency during the sentencing phase can potentially mean the difference between serving jail time or receiving only probation, so a good argument during the sentencing phase is not something that should be overlooked.

Appeal

Criminal cases allow the defendant the right to appeal the verdict to another court known as an appellate court.  The appellate court will review the case and the evidence from your trial.  If the appellate court finds that there was an error in the way evidence was interpreted or other aspects of the trial had errors, the appellate court can order a new trial.

If you get a new trial on appeal, there is a chance that you will be found not guilty in the new trial.  Therefore, the new trial is your opportunity—and that of your criminal defense attorney—to attempt to obtain a verdict that will set you free.

Keep in mind that you generally cannot appeal a guilty verdict if you pleaded guilty or no contest to the crime; the guilty verdict must be one handed out by the court of law based on the evidence.  In addition, there is generally a time limit after the sentencing phase when you can submit an appeal.  Therefore, if you plan to appeal your case, you need the help of a criminal defense attorney right away.

How can I get help from a criminal defense attorney in submitting an appeal?

If you wish to submit an appeal for a criminal conviction and you need help, please complete the short form found at http://www.criminaldefensehome.com/eval_bar.php.  A criminal defense attorney with experience in appealing criminal cases–specifically appealing criminal cases like yours–will get in touch with you to perform an initial review of your case in detail.  Know that this initial review is free of charge, completely confidential, and does not obligate you to anything further.

Therefore, you have nothing to lose and everything to gain by getting professional legal help in appealing your criminal conviction.

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