Understanding the Appeal Process With a Criminal Appeals Attorney

A conviction is not always final. The justice system gives an opportunity to challenge convictions believed to be unjust or marred by errors. A criminal appeals attorney can help clients navigate this intricate process, working to ensure that their rights are upheld and that any legal missteps are promptly addressed.

An overview of criminal appeals

A criminal appeal is a formal request for a higher court to review the decision of a lower court. Depending on the case, the goal may be to modify the sentence or overturn the conviction entirely. However, unlike a trial, an appeal does not involve presenting new evidence or re-examining factual determinations. Instead, it focuses on identifying legal errors that may have influenced the trial's outcome.

Note that a criminal appeal must be filed within strict deadlines. For most cases in Missouri, a notice of appeal must be submitted within 10 days of the final judgment or sentencing. Missing this deadline can result in losing the right to appeal. A criminal appeals attorney will work quickly to assess the specifics of a case and determine the most appropriate strategy. They will explore all potential avenues for challenging a conviction.

Grounds for filing a criminal appeal

Consulting with a criminal appeals attorney is the first step for clients seeking to challenge a criminal conviction. These Missouri lawyers possess the expertise needed to evaluate the merits of an appeal, identify viable grounds, and guide clients through the appellate process. Their involvement ensures that all procedural requirements are met and that the appeal is presented effectively, maximizing the chances of a favorable outcome.

In Missouri, there are two grounds for filing a criminal appeal. The first is insufficient evidence, which asserts that the prosecution failed to present adequate evidence to establish all elements of the alleged crime. The second is that there were mistakes made before or during the trial that impacted the case, such as issues with jury selection or misconduct from the prosecution. It is necessary to identify such trial errors to develop a strong appellate strategy. A thorough evaluation by a Missouri lawyer can increase the chances of overturning a wrongful conviction or achieving a more favorable outcome for the client.

The criminal appeals process

Initiating a criminal appeal in Missouri entails several procedural steps. Initially, a formal notice must be filed promptly after the final judgment. Following this, the trial record is prepared to provide a comprehensive account of the proceedings. Both parties then submit written briefs articulating their arguments regarding the case. In certain instances, the appellate court may schedule oral arguments to further explore these positions. 

Ultimately, the appellate court reviews the case and issues a decision. Potential outcomes include affirming, reversing, or modifying the original judgment or remanding the case for further proceedings.

Speak with a criminal appeals attorney about your options

The appellate system gives those convicted an opportunity to rectify errors and make sure that their rights are upheld. However, it can be tricky to navigate on your own. A criminal appeals attorney can help you or your loved one navigate this process and seek justice through the appellate courts. Contact our Missouri lawyer today for a consultation.

For more information or to schedule a consultation with us, call our Springfield office at (417) 865-2181. Call Dean Price Law today. NOTE: This is for informational purposes only and does not constitute legal advice.

Check out what others are saying about our services on Yelp: Criminal Appeals Attorney in Springfield, MO.