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 lawyer to mount an appeal for you.
Attorneys can assist clients with direct appeals and post-conviction appeals. Direct appeals must be filed within 10 days of the conviction and sentencing. However, post-conviction appeals are filed after the direct appeal is final. An attorney can help with both. Get more information on the attorney’s role when pursuing appeals for clients.
A criminal defense attorney will begin by reviewing the evidence to find grounds for appeal. While there are various options, most appeals are based on ineffective assistance of counsel, the discovery of new evidence, or prosecutorial misconduct. A different legal strategy is needed for each one. Additionally, the type of appeal is based on the grounds.
The direct appeals process is used when a trial error impacts the outcome. For example, the court might have excluded evidence that would have exonerated the client. In this instance, the attorney will pursue a direct appeal. Then, the panel will review evidence related to the trial error.
However, if the appeal is based on facts that are not contained in the trial record, the lawyer will pursue a post-conviction appeal. If the client has raised claims of trial error during a direct appeal, the attorney can bring that up in the post-conviction appeal. Otherwise, the lawyer cannot make a claim about a trial error during this process.
The appellate court pours over evidence when considering appeals. If there is not enough evidence, the court will not rule in the claimant’s favor. Thus, a criminal appeals attorney spends ample time gathering the necessary evidence and documentation. The attorney will also make a strong argument on behalf of the client during the hearing.
Research is also a large component of appeals work. Attorneys must conduct ample research when challenging a conviction. This includes information about previous cases and rulings. The right evidence can demonstrate why the conviction violated the client’s rights.
You need to build a strong case for a successful appeal in Missouri. The appellate court needs compelling evidence to reverse the ruling, and a criminal appeals attorney can help you. First, reach out to a lawyer to consult on your case. Then, the attorney can get started. Remember that the clock began ticking as soon as you were convicted and sentenced, so time is of the essence.
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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