In many situations, there is hope through a post conviction appeal. For many men and women, going through a trial is a long and tiring process. If the outcome is not a good one, many people just give up believing they have no other option for improving their lives and getting their voice heard. Yet, this is not necessarily the case. Many individuals to win appeals and when they do, they can get better results. The key to success is finding a professional you can trust to work with you through this process.
What Is It?
A post conviction appeal most often takes place after a person's case has gone through the criminal trial process. If the individual is found guilty in the case, that individual has the right to file a motion with the higher court. This process provides an opportunity for individuals to get their case in front of a judge and potentially a new trial court depending on the outcome of the process. However, it is not just up to a judge to determine you are not guilty.
It's Not About Guilt
The appellate court, which hears these requests, will make a decision about whether a new trial is warranted based on if there were errors in the previous trial. In other words, this is not based on whether or not the judge thought you were innocent or not. Rather, it is about showing that your attorney, the other attorney, the judge, or someone else in the case made significant mistakes during the case that affected the outcome of your trial. It may be possible to get a retrial if mistakes were made.
How It Works
If you believe that your case deserves such a hearing, you should work with an attorney to get your case in front of the appellate court. This may be done on numerous grounds. If an error is made, that could be one option. If there is new evidence in the case, this can also trigger an opportunity for a new trial. The process begins once you file a notice of appeal and a brief that outlines the reasoning behind it. Then, a hearing is set and your attorney and the prosecution make arguments in front of a judge.
In many cases, this does lead to a new trial. That will happen if the appellate court finds there is reason to overturn the case and remand it to a lower court for a new trial. This does not always happen. To ensure you get a post conviction appeal, work with an attorney who has extensive experience in this area of the law. Doing so could help you to prove your case.
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