If you have been convicted of a crime, you might benefit from criminal appeals services. First, an attorney will review your case to see if you are eligible for an appeal. Then the lawyer can file the paperwork to appeal the conviction. Learn more about how this works.
The appeal process is based on the grounds for the filling. Common grounds include the discovery of new evidence, proof that evidence was withheld, and ineffective counsel. Also, people can appeal if the sentence was excessive or there is evidence of jury misconduct. After establishing the grounds, the attorney will choose an appeals process.
In cases of trial error, the attorney will file a direct appeal, which requires filing within 10 days of the formal sentencing. The filing must include the objections and challenges the attorney wants to raise during the re-trial. Anything not mentioned in the filing is “unpreserved,” meaning it cannot be brought up during the re-trial.
The attorney must also file a Record on Appeal within 90 days, followed by the appellant’s brief. Then, the state files its own brief, and the appeals lawyer can respond to that. Once all the paperwork is filed, the case is heard in front of a three-judge panel. If the appeal is not granted, the attorney can then file a motion to hear the case in front of the Missouri Supreme Court.
Convicted offenders can file a post-conviction appeal if their constitutional rights are violated. Examples include ineffective counsel or excessive sentencing. The lawyer must file this appeal within 90 days of the ruling on the direct appeal or within 180 days of the sentence if a direct appeal was not filed. Post-conviction appeals are an option for people who are found guilty, as well as those who pled guilty.
Claimants cannot use trial error as the basis for the appeal, even if the trial error was the reason for filing a direct appeal. Also, claimants lose the right to file a post-conviction appeal once the deadline passes. That is why taking fast action is critical in these cases.
Finally, an attorney can assist with filing a federal habeas corpus appeal, which is used after all other appeals have been exhausted. The appeal must be filed within one year of other denied appeals, most commonly when the sentence results in cruel or unusual punishment. While this is not as common as the other criminal appeals services, it is effective in some cases.
Time is of the essence when appealing criminal convictions. If you do not act swiftly, you will not be able to file an appeal. Consult with an attorney to find out if you have grounds to appeal your conviction. If you do, your lawyer will work quickly to file the paperwork and start the process.
Call us at (417) 865-2181 for more information from Dean Price Law or to schedule a consultation in our office in Springfield. NOTE: This is for informational purposes only and does not constitute legal advice.
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