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Just because a jury has found you guilty does not mean that this is the end of your case. For many people convicted of criminal charges, the appeals process can provide an avenue for relief. There are many times during a criminal case and pretrial motions that a defense attorney makes objections to judicial rulings, such as whether evidence may be entered into the record or if a witness can testify. If it appears that a judge has made an error of law regarding their decisions, this can open the door to an appeal.
A New River appeals lawyer could help you examine the reasons for your conviction and research, submit, and argue any potential appeals. All people convicted in a trial court have the right to an immediate appeal, but there are time limits that they must meet. Don’t take any unnecessary chances; contact a skilled attorney at Grand Canyon Law Group today.
If a defendant wishes to appeal the ruling in their case, their defense attorney or the guilty party must file a notice of appeal with the proper court. They must do this within 20 days of the issuance of a sentence after a finding of guilt. Defendants must file a copy of the appeal with the prosecutor’s office.
Next, a local appeals attorney will examine every aspect of the case. This includes the transcripts from the courtroom, any written decisions issued by the judge, all evidence submitted as a part of the record, and all paperwork submitted by both the defendant and the prosecutor. They will then submit a formal legal brief to the proper branch of the Court of Appeals. This court will then make a ruling on the case.
A successful appeal could result in a new trial in the original court where the case was heard. This can be the result of a witness being erroneously allowed to testify, a piece of evidence being improperly admitted, or a warrant being improperly allowed to stand. When an appeal is successful on these grounds, the appeals court issues an order to the original trial court to rehear the case, keeping in mind that whatever was flawed in the first trial cannot be allowed to happen again. In rare instances, the conviction can be overturned completely. This will result in the convicted person being granted their immediate freedom. However, a new trial is a more common outcome.
It is also possible that a case will bring other forms of post-conviction relief. These appeals generally question the length of a sentence after a finding of guilt or argue that new evidence might change the outcome of a case. Under Arizona Rule of Criminal Procedure § 32.4, there is a 90-day time limit following a sentencing hearing to initiate this process. A seasoned Citrus Park lawyer could provide more information about which version of an appeal could bring the best results.
Filing an appeal is a lengthy process that requires precision and diligence. A New River appeals lawyer could ease your burden by filing the appeal on time, ensuring that all the paperwork is served correctly, and determining the argument that gives you the best chances of success.
At Grand Canyon Law Group, we will examine every aspect of your unique case by scrutinizing all the judge’s decisions, dissecting the trial transcript, researching similar appeals cases, and preparing a well-reasoned and persuasive brief. Let us put our dedication and experience to work for you. To learn more about how we can fight for you and your way of life, contact our firm today.