Were you or a loved one recently found guilty of committing a crime at trial? If so, you have rights to appeal your conviction, but you have a very small window of opportunity to file a notice of appeal once you are convicted. Once a notice of appeal has been filed with the trial court, at least one appellate court will review the case, either at the state or federal level, depending on your type of case.
Criminal appeals deal more with questions of law and less with questions of fact. An appellate attorney’s job is to review the entire record of the case, to determine if any issues exist, which might change the outcome of the case for the appellant. After identifying these issues, the attorney is responsible for conducting legal research, amending the record (is possible and necessary) and argue to the court that an error was made, which requires a change to the result of the case. Appeals generally have strict guidelines for parties wishing to appeal, so it is very important to find an attorney who will handle an appeal. Please call Mark today to discuss your options.
The time for filing a notice of appeal, which starts the appellate process, varies depending on the jurisdiction. Some courts (e.g. Georgia) give a defendant thirty days from sentencing to file a notice of appeal with the court where they were convicted. Other courts (e.g. the federal system, fourteen days) give a defendant less time to file notice. A defendant should be advised of how long he or she has to file a notice of appeal at sentencing and normally the trial/plea attorney will file a notice of appeal, even if they are unlikely to represent the defendant on appeal, if the defendant requests that they do so.