Tidbit: Statistics show that less than one out of ten appeals end up in favor of the appealing party.
The process of federal criminal appeals has been often misunderstood by many. Today, we look at answers to your top questions as responded to by a certified Denver criminal defense lawyer who has handled hundreds of appeals and has extensive insight into the inner workings of appellate courts.
Here are the top questions.
What is a Criminal Appeal?
When a criminal case ends under questionable circumstances, you can appeal the ruling to get justice done. The basic concept is to ask a higher court to review the case previously handled in the lower court to find out if there are overlooked issues that can render the claim invalid.
When Can I File a Criminal Appeal?
Do you hate the way your trial turned out? You aren’t the only one who feels this way. And sadly, this is not reason enough to file an appeal. To file an appeal and see it through, you MUST show enough evidence that the trial was mishandled. Either you prove that the lower court made a mistake in their decision, or the prosecutor was prejudiced in their presentation.
If the case involves a federal crime, it is crucial to consult a certified Denver criminal defense lawyer as soon as possible so that you understand your legal options regarding the appeal. He tells you when it is time to drop the case and when it is right to appeal.
Some of the instances when you can appeal a case include:
- Procedural mistakes such as failure to admit evidence
- Violation of your rights
- When the sentencing orders are considered excessive
How Soon Can I File an Appeal in Denver?
You have 14 days from the time of the previous judgment to file a notice of appeal to the higher court. This gives the court of appeals enough time to decide whether it has the authority to review the case or not. After the 14 days elapse, you cannot appeal the previous ruling.
What are the Probable Outcomes in an Appeal?
There are several ways in which an appeal can end:
- The higher court upholds the decision of the lower court. This might call for another appeal
- The higher court finds fault with the lower court’s ruling and changes it
- The higher court dismisses the case due to legal errors
- The higher court sends the case back to the lower court for additional review
Do I need Additional Evidence for the Appeal?
No, you don’t. If the higher court deems it necessary to retry or revisit the case, the original evidence you submitted is reviewed. The case is repeated as closely as possible to the original one, but this time the mistakes that made it invalid are avoided.
Can I appeal if I Accepted a Plea Bargain?
A plea agreement usually waives the right to an appeal. You usually plead guilty as part of the bargain. If, however, you reserved the right to appeal in the bargain, you can go ahead and appeal the ruling.
The specifics of the appeal depend on the circumstances surrounding your case, which is why it is crucial to consult an experienced Denver criminal defense lawyer with relevant experience handling such cases.
How Long will the Appeal Take?
Federal appeals can take more than two years, depending on various factors. The exact duration depends on the complexity of the case and the court that listens to the appeal. During this period, the Denver criminal defense lawyer will be advocating on your behalf through the various stages to make sure you succeed.
The appeals take a long time because your case must pass through various stages. At each stage, you have to wait for other cases filed before yours to be handled first.
Do I Need a Denver Criminal Defense Lawyer during the Appeal?
The appeal represents your final shot at proper legal representation. There is a lot to be done and very little time to do it. You don’t need just any lawyer but one that has the time to leave no stone unturned, argue every possible aspect in your favor, and then select the best ones to make sure you win.
In Closing
If you plan to appeal a ruling, it is crucial that you discuss the case with a lawyer who has experience handling appeal cases. You need a lawyer that provides ethical yet aggressive representation for individuals accused of criminal offenses. Call us today; we are ready to work with you.
