Television shows make it sound like you can appeal any verdict at any time. In reality, there are limits on appeals, whether you’re challenging a civil judgment or have been found guilty of a criminal offense. Here are the top 5 things you need to know about criminal appeals.
Both Innocent and Guilty People Appeal Their Convictions
An innocent person may plead guilty because they don’t think they can fight the charges. Or they may not realize they’re pleading guilty, such as when someone is pressured to sign a statement so they can supposedly go home. Guilty people may appeal their convictions to get a lesser sentence or be found innocent. For example, it is all too common for prosecutors to level a dozen charges on someone they want to get in order to guarantee that they land in jail. The combination of charges may result in someone guilty of a minor offense facing decades in prison.
If you are preparing for an appeal before or after the court hearing, it is better to look through Appellate Lawyers to hire. This is because there are different lawyers for appeal. Let us understand more about it.
You May Need a Different Attorney
If you were found guilty, you may want different appeals lawyers criminal experts who can challenge any and every angle of the case. Perhaps the police gathered evidence because they illegally spied on you. Maybe the drug tests are suspect; there have been cases in the United States were police asked labs to list planted evidence like billiard chalk as illegal drugs so they could “bust” someone.
You Don’t Always Have a Right to Appeal Your Case
Canadian law only gives someone an automatic right to appeal their case to the Supreme Court if the decision at the Court of Appeal level is not unanimous. In every other case, you have to file what is called a leave to appeal. This is essentially a request for permission to appeal your case to the Supreme Court of Canada. If they reject the request, you cannot appeal your case.
There Are a Number of Things You Could Appeal
If you are found guilty, you have the right to ask a higher court to review the trial. That is called an appeal. But you can appeal either the conviction or the sentence. An appeal of the conviction means you’re challenging being found guilty. For example, you’re challenging the ruling based on the fact that exculpatory evidence was withheld. An appeal of the sentence typically means you agree with the finding of guilt but disagree with the sentence. The appeal courts often determine whether a sentence is fair. On the other hand, the Crown could appeal an acquittal, but that is much more limited than the rights of the accused to appeal the court’s verdict.
Winning an Appeal Doesn’t Mean Everything Is Done
If your case is sent to the Court of Appeal, it can overturn the original conviction. However, this doesn’t necessarily mean that your ordeal is over. It is true that the court could enter an acquittal. Or the court could order a new trial. The court could make any other order such as a stay of proceedings that lets the Crown re-lay charges. If the Crown doesn’t essentially re-charge you, then the case is over. The Crown could also withdraw the charges.