The stakes are high when handling an appeal. You have been convicted of a crime and now want to challenge that conviction. If successful, the conviction may be overturned or modified. This could help you avoid high fines, years in prison, and the loss of constitutional rights like the right to vote or own a gun.
An appeal shows that you are not going to just accept the conviction and that you are still willing to fight for your rights. At Grand Canyon Law Group, our relentless defense attorneys have argued appellate cases for years and know how to properly handle your case. Let a Phoenix appeals lawyer take up your case and work tirelessly on your behalf.
An appeal is a procedure that asks a higher court—the appeals court—to modify or overturn the conviction of the trial court. After a person is convicted in Phoenix, they have the right to work with an experienced attorney to file an appeal with the Arizona Courts of Appeals, which reviews the decisions of lower courts. Importantly, if a person accepted a plea deal or pled no contest, they may not make a direct appeal. Direct appeals are only available to those convicted through trial.
An appeal gives the court a chance to look over the case and review it for errors. The appeals court is given information about what occurred at the trial level and what errors the defense attorney believes occurred. A dedicated lawyer can file an appellate brief that outlines these issues and make legal arguments on the defendant’s behalf.
The dedicated attorneys at our firm will look for errors in the record to determine if there are any issues that may be raised on appeal. A skilled lawyer can make a strong appeals case by:
After the appeal argument process has concluded, there are several potential outcomes.
For one, the appellate court might affirm the trial court’s decision. An affirmation means that the appellate court reviewed the case and found no errors, or only found errors that were not material to the outcome of the case. This means the appellate court will not alter the person’s conviction in any way.
The appeals court may also modify the decision or remand the decision back to the trial court to modify. This sends the case back to the trial court to fix some error. This may just require a procedural fix that can be easily corrected or could require a new trial depending on the circumstances.
In some cases, the appeals court may reverse the trial court’s findings and dismiss the criminal charges against the defendant. This usually happens when errors in the court or prosecutor’s conduct are so significant that they contaminated the whole case. It may also occur if the appellate court finds that there was insufficient evidence to prove the case. A well-practiced Phoenix attorney can advise a convicted person on what to expect in their appeals process.
Even if you have been convicted, it is important to remember that you still have legal options. Consult a knowledgeable attorney right away to discuss an appeal in your case. The deadlines for filing are short, so it is crucial to speak with a qualified appellate attorney as soon as possible.
At Grand Canyon Law Group, a Phoenix appeals lawyer is ready to assist you and fight tirelessly for your rights. Contact us today to get started.