To make the most out of an appeal, it’s important that you know what to do to look good in court and to build a strong case. When your attorney takes on this case, they will discuss with you if an appeal is possible and why.
For example, if the trial court made errors, then those should be examined and included in the appeal. A new trial doesn’t guarantee that the outcome will be different, but it does offer a chance of a better plea offer or a dismissal in some cases.
What is a plain error?
A plain error is a mistake that affects your rights substantially. For example, a common plain error is when a judge miscalculates a sentence after you’re convicted. If the sentence is miscalculated, then the appellate court could send the case back to the trial court judge for re-sentencing.
What is abuse of discretion?
Abuse of discretion is when a judge abuses the discretion they have when ruling on a case. For example, if the majority of people get a year in jail for a similar crime to what you’ve committed and you get 10, there could be a significant abuse of discretion taking place.
These are just two examples of issues that might lead to an appeal. Criminal appeals aren’t always easy to start, so your attorney will need to work closely with the case to determine if an appeal has merit. If it does and there is a reason to appeal, then they will help you put together that appeal to submit to the court.