Once a defendant has been convicted of a crime whether its a misdemeanor or felony, they have the legal right to appeal their case to a higher court if they feel there were important legal errors made throughout the conviction or sentencing proceedings. Appeals are only one of several options a defendant can take post-conviction.
If you have been convicted of a crime and feel there were mistakes made in your case, please contact The Law office of Stephens & Rueda today to learn more about your appeal options. A knowledgeable and experienced criminal defense attorney can evaluate your case FREE of charge and determine your best course of action.
Once a defendant chooses to appeal, a higher court reviews the case to determine whether or not to grant a retrial or re-sentence. When considering an appeal, no new evidence is permitted. The appellate court only reviews a record of the legal proceedings that took place in the lower court including all transcripts, documents, or objects that had already been submitted into evidence as well as briefs written by the defense and prosecution contending why the conviction or sentencing was incorrect or should be upheld.
Specifically, the appellate court is looking for any errors that could have affected the judge or jury's verdict and/or the sentence that was imposed.
Considering an Appeal?
Appeals are common in many criminal cases including murder trials, white-collar crimes, sex and drug offenses, and other felonies or misdemeanor crimes. In the event that the first motion to appeal was rejected, a defendant is able to file another appeal or take other actions including:
Change of Plea
Motion for a New Trial
Sentence Appeals, Reversals, and/or Modifications
Writs of Certiorari
Writs of Mandamus
Writs of Habeas Corpus
If you or someone you love has been convicted of a crime and would like to appeal your case, it is essential that you hire a qualified and aggressive criminal defense attorney who will work tirelessly to ensure your legal rights and interests are protected every step of the way. We don't give up easily! Please contact us today to learn more about your appeals options.