If you have been convicted of a crime, then you have the opportunity to appeal your case. An appeal isn’t to be used because you’re unhappy with the outcome of your case but instead to show that you believe that your sentence was determined in error.
With any appeal, you’ll work with your attorney to fight against key legal mistakes that led to your conviction. For example, if a piece of evidence was introduced to the jury unexpectedly and despite not being allowed, you could argue that telling the jury to ignore it isn’t enough to remove it from their deliberations.
What happens if the court agrees with your appeal?
If the court agrees with your appeal, then the judge will decide if the case should be dismissed, if you should be retried or if you should receive a different sentence.
When the court looks at your appeal, it doesn’t take into consideration any new information or evidence. Instead, it looks at what was present to the court and the jury during your trial and reviews the entire process to make sure everything was done legally.
Appealing a conviction is a time-intensive process, and it’s something that not all criminal defense attorneys do. You may need to look for a new attorney who is happy to take on criminal appeals cases and work with you to have your case reviewed.
Our website has more on criminal appeals and why it’s important to know if you can appeal your case (and if you should). Good support may help you have your case overturned.