Why Should You Appeal in a Criminal Case?

Where a person has been wrongfully convicted in a crime, that he/she has not even committed or evidence has been found after trial was finished that establishes an incorrect conviction, there must be a criminal appeal.

What Is an Appeal?

If someone is convicted of a crime, he/she has legal rights to apply for a reversed conviction or to reduce the sentence. If the individual can prove there was a legal error, an appeal can be filed in the higher court.

How Long You Can Appeal?

A person must apply within 30 days of conviction or has to file once the court order is issues or sentence is handed over.

If you fail to appeal within this time limit, you can put your legal rights of appealing at risk. The deadlines can only be reviewed under certain circumstances such if new evidence has been found. At that place the convicted person should take help of the criminal lawyers and can file a motion asking for a new trial.

How to Initiate an Appeal?

If you want to initiate an appeal against the criminal charges and conviction against you, you must contact a criminal lawyer to carry the rest of the process forward in the right manner.

Why to Appeal for a Criminal Case

• Wrong Arrest

If an arrest is in incorrect or there is a false arrest, the person is legally able to take strong legal actions to defend himself and can appeal on this basis. False arrest can happen when a person is arrested by law enforcement department without any good cause or warrant, or the case falls under exceptions.

• Wrong Jury Instructions

At the end of the trials where juries are involved, the judge will instruct them the manner where jurors will handle the applicable law that is required. If a judge does not inform the right way to handle the applicable law, there could be an appeal created.

• Incorrect Evidence

There are hearings before every criminal trial. This is the time when it is considered which evidence will be granted in the trial. If the prosecution and defense lawyer cannot agree on or have huge differences, it is sole decision of the judge. In some cases, the judges may make wrong decisions or can exclude the evidence from the trial, at that time you can appeal.

• Lack of Evidence

If a person is convicted wrongfully, the prosecution must prove elements against the person. If a person is convicted wrongfully due to insufficient evidence, there is a scope for strong appeal.

• Sentencing problems

The sentencing phase is the most complex one and may end up showing errors. The previous convictions, number and offense type impact the way a person is sentenced. Unfortunately, if there are any errors made and the person is convicted, with the help of a criminal lawyer he can appeal. If anything, such happened to you in OKC, contact criminal lawyer at Foshee and Yaffee.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.