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It is vital to understand and proactively enforce your rights throughout every stage of criminal proceedings. However, it is also important to know that getting an unfavorable result from your trial is not necessarily the end of the road. If your conviction was based on unlawful grounds or a procedural error, you might have grounds to appeal the verdict and seek relief.
However, appeals work differently from criminal trials, and pursuing one without a seasoned defense attorney on your side is a recipe for disaster. If you want the best chances of achieving success in your case, work with a qualified Tempe appeals lawyer at Grand Canyon Law Group.
The first thing to emphasize about criminal appeals is that they are not meant as a way for someone convicted of criminal charges to challenge a jury’s ruling or get a “second opinion.” Instead, an appeal is a means to correct a serious mistake or violation of the law that led to a defendant being convicted when, had the mistake or unlawful act not occurred, they otherwise would not have been. The issue at hand must be a legal error rather than a question of fact like the credibility of a particular witness. The error must have been “prejudicial” towards the appellate in a way that directly influenced the outcome of the case.
Common grounds for criminal appeals include but are not limited to:
A Tempe appellate attorney at our firm can clarify whether an appeal might be possible in a specific situation.
A defendant can request a Direct Appeal of a criminal verdict by filing a Notice of Appeal no later than 20 days after the conclusion of the case and an Opening Brief afterward. Once an Assistant Attorney General submits an Answering Brief in response to the Opening Brief, the case will generally go before a panel of three Court of Appeals judges or five state Supreme Court justices in cases involving possible capital punishment.
Alternatively, a defendant may petition for Post-Conviction Relief to address their rights being violated after they are convicted and sentenced. If all other options at the state level are exhausted, it may be possible in rare situations to continue an appeal through a Writ of Habeas Corpus filed in federal court. Our skilled local appeals lawyers can review the available options during a private initial consultation.
Filing an appeal of a criminal case is a document-heavy and complex process. Guidance from experienced legal representation can be crucial to maximizing your chances of enforcing your rights and seeking relief.
A conversation with a Tempe appeals lawyer can help you understand your legal options and decide which course of action best suits your situation. Call today to schedule a meeting with a dedicated member of our team. At Grand Canyon Law Group, we are prepared to fight for you and your way of life.