Criminal Appeals: What Happens After a Conviction

High Angle View Of Judge Gavel. Visual concept for legal blog on criminal appeals.

If you or someone you love was convicted of a crime, you may consider filing a criminal appeal. A criminal appeals lawyer can explain the criminal appeals process, help you evaluate your options, and file your criminal appeal.

Winning a criminal appeal is not easy. The process is complex and technical. You should not attempt to appeal your criminal case without assistance from a skilled criminal appeals attorney. Elmen Legal can help you understand the legal issues that will affect your appeal and assist you throughout the criminal appeals process to ensure you take the proper steps and improve your likelihood of success.

Understanding the Criminal Appeals Process

A criminal appeal is not another trial. Instead, a criminal appeal is a request to have your case reviewed by a higher court for specific errors that might have impacted the outcome of your case at trial. Most criminal cases have a right of review. Before you file a criminal appeal, it is important that you understand the criminal appeals process and be aware of filing deadlines that apply.

Examine the Trial Record for Errors

The first step in a criminal appeal is to have a criminal appeals lawyer examine the trial record to identify legal grounds for an appeal. A criminal appeals attorney will review the trial transcript, physical evidence, and other court papers to identify any constitutional violations, procedural problems, or other errors that may have influenced the outcome of your case.

Identify the Legal Issues You Are Appealing

Before filing an appeal, your lawyer should identify the specific legal issues you wish to appeal. This could include errors in the jury instructions, evidence that was improperly admitted, or a violation of your constitutional rights.

File a Notice of Appeal

You must file a Notice of Appeal within the specified timeframe. If you do not file the Notice of Appeal within the specified timeframe, you could lose your opportunity to appeal your case.

Prepare and File Your Appellate Brief

Your lawyer will prepare and file an Appellate Brief that details your legal arguments and explains why you believe the trial court committed an error and how that error impacted the outcome of your case. Your lawyer will cite relevant portions of the trial transcript, evidence, and other court filings, along with relevant caselaw, to make a compelling case for why the decision in your case should be modified or overturned.

The opposing party will have an opportunity to respond. In some cases, your lawyer will be given a chance to prepare and file a rebuttal brief.

Oral Argument

In many criminal appeals cases, the court will schedule an oral argument, where your lawyer will explain your case to a panel of judges. This allows your lawyer to clarify any points in your appellate brief and answer any questions the appeals judges might have.

Appellate Ruling

After reviewing the trial record and appellate briefs and considering the oral arguments, the appellate court will issue its decision. Depending on the nature of your case and the court’s schedule, it may take several months after oral argument before the court issues its decision.

What Happens If You Win Your Appeal?

Even if you win your appeal, your case is not over. The prosecutor can appeal the appellate court’s decision to a higher court.

If your appeal is granted, your case will be remanded (sent back) to the trial court to correct the errors, and you may receive a new trial.

In many cases, the prosecution will want to avoid a new trial and might offer a plea bargain that is more favorable than the sentence you would have received if the trial court’s original decision had not been reversed. If the appellate court decides that a key piece of evidence should not have been admitted, the prosecutor may dismiss the case against you entirely.

Seeking Release During the Criminal Appeals Process

You may be able to be released from jail during the appeals process. Your lawyer can request a lowered bail amount or the elimination of bail for someone who is appealing a criminal conviction. This step can be crucial as the criminal appeals process can take months or even more than a year to complete.

How a Michigan Criminal Appeals Lawyer Can Help

Appealing a criminal conviction is a complicated and highly technical process that requires assistance from the best criminal appeals lawyer you can find. Working with an experienced criminal appeals attorney will increase the likelihood of a successful outcome.

A conviction does not need to be the end of your case. Contact Elmen Legal today or call us at (734) 707-8915 to discuss your situation. Attorney Robert Elmen can review your case, help you evaluate your options, and improve the likelihood of a successful criminal appeal.