What Happens When You Appeal a Criminal Sentencing?

An appeal of a criminal sentencing is not a new trial but rather a chance for the defendant to argue against specific mistakes that might have been made during the trial. A typical appeal is that a judge’s decision, such as whether to conceal evidence or impose a particular sentence, was erroneous. Due to the complexity of appeals, the case may occasionally be sent back to the trial court. If the Appeals Court determines that course of action, a particular conviction may be reversed, a sentence may be changed, or a new trial may be ordered entirely.

When you appeal a criminal sentencing decision, a process is started in which you ask a higher court to examine the lower court’s ruling. Here are some essential details about what transpires during an appeal of a criminal sentence:

• Filing the Notice of Appeal: A notice of appeal for a criminal sentencing must be sent to the proper appellate court as the first step. The court and the prosecution are notified of your appeal of the sentence through this notice. The notice must be filed within the period specified, and failure to do so could lead to the appeal being rejected.
• Record Preparation: The lower court will establish a record of the proceedings, including transcripts of the trial, pertinent documents, and any evidence offered during the trial after the notice of appeal is submitted. The parties engaged in the appeal and the appellate court will receive access to this record.
• Appellate Briefs: Both the respondent (often the prosecution) and the appellant (the party appealing the sentence) will have the chance to file written appellate briefs. These briefs provide legal justifications for each party’s viewpoints. Typically, the appellant’s brief would contest the fairness or legitimacy of the sentence, pointing out mistakes committed by the lower court.
• Oral Arguments: The appeal court may occasionally arrange oral arguments in which each side makes its case before a jury of judges. The appellant’s lawyer and the prosecution can present their cases, answer the judges’ inquiries, and elaborate during the oral arguments.
• Appellate Court Decision: The appellate court will rule after considering the appellate briefs and oral arguments. The court has the authority to uphold, modify, overturn, or send the matter back to the lower court for additional procedures regarding the sentence imposed by the lower court. Usually, a written opinion outlining the court’s reasoning for its ruling is supplied.

Lastly, your case can continue if you are convicted. Depending on the specifics of your case, there are several methods your defense attorney may be able to use on appeal for a criminal sentencing. You should refrain from attempting to play the appeal game by yourself. Hire a seasoned appellate-only criminal defense attorney to represent you.