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Considering an Appeal?

Appeals are common in many criminal cases including murder trials, white-collar crimes, sex and drug offenses, and other felonies or misdemeanor crimes. In the event that the first motion to appeal was rejected, a defendant is able to file another appeal or take other actions including:

  • Change of Plea

  • Plea Withdrawals

  • Motion for a New Trial

  • Sentence Appeals, Reversals, and/or Modifications

  • Post-Conviction Motion

  • Writs of Certiorari

  • Writs of Mandamus

  • Writs of Habeas Corpus

  • More

Once a defendant has been convicted of a crime whether its a misdemeanor or felonythey have the legal right to appeal their case to a higher court if they feel there were important legal errors made throughout the conviction or sentencing proceedings. Appeals are only one of several options a defendant can take post-conviction.

Appeals Process

Once a defendant chooses to appeal, a higher court reviews the case to determine whether or not to grant a retrial or re-sentence. When considering an appeal, no new evidence is permitted. The appellate court only reviews a record of the legal proceedings that took place in the lower court including all transcripts, documents, or objects that had already been submitted into evidence as well as briefs written by the defense and prosecution contending why the conviction or sentencing was incorrect or should be upheld.

Specifically, the appellate court is looking for any errors that could have affected the judge or jurys verdict and/or the sentence that was imposed.