Hiring a Missouri misdemeanor lawyer is a good decision if you face charges and possible punishments. This can be a stressful time where you worry about the consequences and your loved ones. An attorney will help to ensure you get a fair trial and that everyone in the case respects and upholds your rights. At…
Criminal Appeal Services from an Attorney in Missouri
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.
Standard criminal appeals services
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.
Filing direct appeals in Missouri
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.
Filing post-conviction appeals
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.
Filing federal habeas corpus appeals
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.
Review the case with an appeals attorney
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.
Check out what others are saying about our services on Yelp: Read our Yelp reviews.
A Missouri felony attorney can be one of the most important assets in your life if you get into trouble with the law. Everyone makes mistakes. But if you get into legal trouble, you need to seek counsel from a professional who knows how to look out for your interests. Even in the most serious…
A Missouri public defender is the right person to turn to if you cannot afford an attorney but need one to represent you. Officers should have read you your Miranda rights if you have been arrested and charged with a crime. These, in part, state that you “have the right to an attorney.” When you…
If you are convicted of a crime in Missouri, a criminal appeals attorney may be able to seek relief through the court. The process depends on the grounds for appeal, so having an attorney by your side is critical. Find out how a criminal appeals lawyer can help you with your case and retain a…