Filing an appeal after the conclusion of a criminal court case isn’t like getting a second trial. Instead, an appeal is a chance to have certain legal issues addressed even though the case has concluded. Not every criminal case will have an element to appeal, so it’s critical to thoroughly review a case before launching an appeal.
When an appeal is filed, new evidence isn’t introduced. The appeal will focus on how the law was applied during the case. Because of this, appeals are largely based on written arguments and legal interpretations. In very limited cases, the appellate court will allow oral arguments. When that occurs, there is typically a strict time limit.
Pinpoint the strong challenges
Appeals aren’t heard by juries. Instead, they’re heard by judges, which means that being able to pinpoint the strongest challenges is critical. The legal arguments must be strong, precise and valid. There are a host of issues that can lead to an appeal. Some of these include:
- Legal misconduct
- Exclusion of evidence
- Judicial misconduct
- Improper jury instruction
- Witness tampering
- Misapplication of the law
Other reasons can also apply, but they must be strong in order to launch an appeal. It’s necessary to go through every facet of the case to ensure every instance and issue with the case is documented in the appeal.
Include proper citations
Citing the record and ensuring that the briefings are comprehensive are important when a case is appealed. Any legal error, misconduct or other point being challenged should include case citations to show the precedent to the judge.
Ideally, these will be mandatory precedents and primary authority sources, but persuasive precedents and secondary authority sources can be used in some cases. The closer the citations are to the original opinion and jurisdiction, the stronger the appeal.
Appeals can be challenging, but they must be handled precisely. It’s critical to have someone on your side who’s familiar with these matters, including the process for appealing. Time limits apply to appeals, so they must be filed quickly, which may be easier if you have legal assistance.