Some people convicted of a criminal charge may be able to appeal their conviction or the sentence. While there aren’t any guarantees about the outcome of an appeal, understanding what to expect is important. Making this effort can put defendants in the best position to secure a favorable outcome, when possible.
A successful criminal appeal hinges on an appellant’s ability to demonstrate that significant legal errors during the trial adversely affected the outcome. These errors can range from procedural mistakes to incorrect application or interpretation of the law.
Critical grounds for appeal include insufficient evidence to support the verdict, improper exclusion or admission of evidence, legal errors made by the judge and ineffective assistance of counsel. The appealing party must identify and articulate these errors to show how they impacted the fairness of the trial and the ultimate verdict.
The necessity of a substantive record
For an appeal to succeed, there must be a comprehensive record of the trial proceedings. This record includes the trial transcripts, evidence submitted during the trial, motions and their outcomes and any other documentation that was part of the legal process.
The appellate court reviews this record in detail to determine if errors were significant enough to warrant a reversal of the conviction or a remand for a new trial. The absence of a detailed record can severely hamper an appeal, as the appellate court relies on this documentation to make its decision.
Legal representation is crucial
People who want to appeal a criminal sentence or conviction should ensure that they have suitable legal representation. These cases are complex and require particular points to be included in the written documentation filed for the appeal. These written statements are critical because oral arguments aren’t guaranteed to be allowed, so everything should be concisely conveyed in a written appeal. These matters are subject to strict time limits, so swift action is necessary.
