Second Chances And Criminal Appeals

When the gavel strikes at the end of a trial, a decision or a sentence has been handed down. For those hoping to prove their innocence or for a lesser sentence, a second chance exists in the form of the appeals process. Appeals are not granted lightly, or often, since judges are reluctant to second-guess other judges. If you or a loved one has been found guilty of a crime, you might be interested in the appeals process. Read on to learn more.

When Can You File An Appeal?

Both verdicts (or convictions) and sentencing may be appealed. For example, if you have been found guilty of assault, you have the right to appeal that ruling. Likewise, if you were sentenced to 20 years in prison for a crime, you can appeal that sentence. The appeal must be filed within a certain amount of time. Unfortunately, if you agree to a plea bargain, you cannot appeal that ruling or sentence. The plea deal means that you plead guilty to a charge and that you gave up the right to a trial. The only exception is when the judge fails to follow the plea bargain agreement. Then you can appeal.

Reasons for Filing An Appeal

Legal Errors: The court will review the case to ascertain whether or not the judge failed to apply the law during the course of the trial. For example, if the judge failed to allow a certain piece of evidence to be shown to the jury that legally should have been allowed, the case might be overturned on appeal.

Application Errors: Sentences are a more complicated issue than what might first appear. The law gives judges leeway to sentence as they see fit within the guidelines. Sentences may contain provisions and this area of sentencing carries a lot of potential for making errors. For example, a certain sentence might require the judge to take into consideration the defendant's age when handing down the sentence. The appeals court might set aside the former sentence and correct the mistake.

Factual Errors When a mistake is made in court that might have caused the sentence to be different, it can be appealed. For example, the judge may have relied on a certain piece of evidence that later turned out to be inadmissible.

Harsh Sentences – As long as the judge was within the law when handing down a sentence, it can be difficult for an appeal to succeed no matter how harsh the penalty. You must be able to prove that the judge deviated from the average sentence for no reason or that they were biased against the defendant. These types of appeals are seldom successful.

To learn more about the criminal appeals process, speak to your defense attorney. For more information, check out websites like http://www.gdamianilaw.com today.