Anyone who doesn’t get the outcome that they expect during a criminal trial may naturally hope that they can appeal the verdict. Appeals are a little more complicated than that, however. An appeal can only happen if there is a clear reason why that case needs to be reviewed again. The reasons can be anything things like:
- Violations of due process
- Ineffective assistance of counsel
- Problems with how the jury was instructed
- External factors that influenced the case or may have affected the outcome
It is always important to seek an appeal if you believe that you were not represented fairly or if there was a violation of your rights. You deserve a fair trial. If your trial wasn’t fair, your appeals attorney will take steps to show that to the state or federal court, so that the court considers the request for assistance.
When you choose your appellate attorney, remember that your trial attorney is unlikely to want to go through with the appeal. You will need to reach out to a new attorney to discuss is appeals are right for you. Your trial attorney may not be sure about the appeals process, which is why working with someone who specializes in appeals is so important. Select one who has the experience needed to handle the case; several years of experience may be needed to build relationships and understand the process.
You should talk to your attorney about your case and why you believe that it wasn’t handled well. Our website has more information on federal appeals and state appeals so that you can look into what it takes to appeal a case and get the judge to agree.