Who May Appeal a Criminal Court Decision and When?

A criminal defendant who has been found guilty has the right to appeal. Although you have the right to appeal, you cannot succeed unless you have a strong case for why you should be granted a new trial. It is not sufficient to get a negative ruling before filing an appeal. For an appeal to be successful, it must be shown that the trial criminal court made one or more significant errors.

Errors that are harmless or unlikely to impact the trial’s outcome are not grounds for overturning a lower criminal court’s decision. Any mistake or difference that has no bearing on a defendant’s or a litigant’s important rights is a harmless error. In other words, proving that there was more than just a minor mistake is the first stage in making a successful criminal appeal.

Basic Grounds for a Criminal Court Appeal

These grounds for appeal exist presuming there was more than just a harmless error:

1. The lower court committed a grave legal error;
2. The weight of the evidence does not support the judgment;
3. The lower court misused its discretion by rendering an incorrect decision;
4. The claim of unsuccessful assistance of counsel under the Sixth Amendment.

How and when do you make a Criminal Appeal?

An appeal is started by submitting an appeal notice to the trial court. Only 14 days are available to do this in a federal criminal appeal; therefore, time is of the essence. The number of days a party has to file a notice of appeal in federal court varies depending on the type of case and may be extended under certain conditions. In some states, the time limit is 30 days and cannot be extended.

Finally, your state’s laws specify some factors that must be shown before a conviction can occur. A criminal defense lawyer can assist you in gathering evidence, among other things, to demonstrate why the judgment in your case should be overturned on appeal. There are knowledgeable criminal defense lawyers in your region who can put your mind at ease if you have concerns about criminal appeals or the charges you are facing.