Life is sometimes full of surprises, you have no idea what could happen, sometimes life just brings you to do things you are not proud of…if for whatever reason you end up in a situation that’s a dead-end, especially in the eyes of the law – your last resort could be an appeal. This way, you might still get out of a bad situation without losing too much.

What exactly is an appeal in court?

Those who wronged the law, and are prosecuted and charged as guilty of their crimes, are usually gifted with an opportunity to ask for an appeal. This isn’t as uncommon as you may think, it all depends on what kind of accusation it is, there were lots of puzzling court cases that haven’t fully been resolved fully because of the lack of evidence, so if there is new evidence being brought in it may fasten the solving process.  But in order for the prosecuted to ask for an appeal of the case, there must be a legal back up to it – good reasoning and further proof that proves the innocence of the guilty. The one who is asking for an appeal is called an appellant whilst the other side is called appellee. So not all cases are granted this opportunity, only those that have something to add to the case, rather than those who simply don’t agree with the outcome of the case itself.

Types of appeal

There are actually multiple types of appeals to look into, it all depends on your case and what will suit your needs the most. Consulting with your attorney that will come to your defense in court is probably the best idea. An experienced attorney will surely advise you on what’s the best possible step to take, the important thing is to always seek better and to never settle on the wrong accusations – it’s your right to fight for your innocence!

Strict appeal

This kind of appeal insists that the trial court made a mistake, and therefore is summoned again to look into the case, but is limited to only look at the already existing evidence that was presented to them in the first place. This means that the case will be examined and heard once again, but without any other added evidence, or changes in the law that can happen in the meantime – the rules are the same, the evidence is the same but the appeal will make the court re-examine everything just to make sure anything was missed. This also does not mean that the whole case will be reheard, only the issues that are stated by the appellant.

Rehearing

Some cases are more complex and intricate than others, and some cases need more time to unveil the whole truth. New evidence may surface at any time, giving the appellant the chance of changing the court’s decision. This can mean either adding the new evidence in the already established case or having a new hearing altogether.

De novo

In some cases, there could happen rehearings – meaning that the appellate court is given a chance to state all the concerns and issues that were against them and also use the new evidence that was not before the trial started – not being limited by the already stated evidence. This kind of appeal in court is called ‘de novo’ – a chance for the case to start from the beginning. Each side is given another chance, and new evidence is added.

How to do it?

The appeal is made by filling out a notice, stating all the issues and concerns with the court’s decision in the first place. In an appropriate time frame, the appellant has to write a small summary of the issues and all the arguments against the outcome of the trial. With this, the appellant is asking for the case to be reheard, partially or fully – depending on the nature of the appeal itself. This is usually first done in written format, but sometimes it can also be verbal – with attorneys from both sides arguing about the appeal. At the end of the day, it’s up to the court and the judges if they deem the appeal worthy or not and if they will grant the rehearing or not.

What can happen?

Once the court makes their final decision on the matter of the appeal – it’s usually to only see the issues presented by the appellant rather than having the rehearing of the whole thing. Depending on the case, and if there is any new evidence in the picture – or if the appeal is written simply because there is an alleged flaw in the lawmaking, it can tremendously help or change little to nothing. But every little detail can count, as evidence is important in every case, even if it makes a small change, a little step in the right direction can lessen the charges by a lot! Never give up, you and your attorney need to work on the best possible outcome out of this situation, and never settle on anything that’s not right!

Why is this important?

It’s actually possible that the judge made a mistake, or even the jury when making a decision regarding a case. But wrongfully charging someone can be a real-life horror story for the person being accused. Even if the chances of this happening are pretty slim to none, it can still happen! That’s why you should always be prepared and know all your rights – with writing an appeal being one of them. Your attorney of choice and you should work on the case and make sure that justice is served, and that there are no wrongfully accused ones at the end of the day. It can be terrifying, but you need to remember that you are not alone in this, many have been in your position – stick to your attorney and listen to him, as he is the only one who can help you.

Final words

Fighting for your freedom and innocence is far from easy, a lot of things go into it, depending on the severity of the case itself. But the important thing is, all you gotta do is get an experienced, trusted lawyer and to listen to whatever he has to say – chances are he is your only resort in this situation. Always listen to the words of a professional, and you’ll be okay!