What is an Appeal?

An appeal is a formal request for a higher court to review the decision of a lower court. It is not a new trial but rather a review of the trial’s procedures to ensure that no legal errors affected the verdict or sentencing. Appeals focus on legal arguments, such as procedural errors, constitutional violations, or issues with the evidence presented at trial.

LibertyBell Law Group has extensive experience handling criminal appeals, helping clients challenge wrongful convictions or excessive sentences.

Common Reasons to File an Appeal

There are several valid reasons to appeal a criminal conviction. These include:

1. Legal Errors During Trial

If the trial judge made errors—such as allowing inadmissible evidence, providing incorrect jury instructions, or mishandling objections—you may have grounds to appeal. These errors can unfairly influence the outcome of the case.

2. Ineffective Assistance of Counsel

The U.S. Constitution guarantees your right to effective legal representation. If your trial attorney failed to provide competent defense—such as neglecting key evidence or failing to challenge procedural errors—you may argue ineffective assistance of counsel.

3. Improper Admission or Exclusion of Evidence

Trial courts must follow strict rules regarding evidence. If critical evidence was wrongly excluded or if inadmissible evidence influenced the jury’s decision, an appellate court may overturn the conviction.

4. Sentencing Errors

An appeal may challenge a sentence that exceeds legal guidelines or was influenced by improper considerations, such as bias or procedural errors.

The Appeals Process

The criminal appeals process involves several stages, each requiring precise legal expertise. Here’s an overview of the process:

Step 1: Filing a Notice of Appeal

To begin the appeal, your attorney must file a formal notice of appeal with the appropriate appellate court. This notice must be filed within a specific timeframe after your conviction, often 30 to 60 days.

Step 2: Reviewing the Trial Record

Your attorney will obtain and review the trial transcripts, evidence, and legal documents to identify errors or constitutional violations. This step is crucial to building a strong appellate argument.

Step 3: Submitting Legal Briefs

Your attorney will prepare a written brief outlining the errors made during the trial and the legal reasons for overturning the conviction. The prosecution may submit a response brief defending the trial outcome.

Step 4: Oral Arguments

In some cases, the appellate court may schedule oral arguments. Both sides present their arguments before a panel of judges, who may ask questions to clarify the legal issues.

Step 5: The Court’s Decision

The appellate court will issue a written decision, either upholding the conviction, reversing it, or ordering a new trial. If the appeal is denied, further appeals may be made to higher courts.

What Happens if Your Appeal is Successful?

If your appeal is successful, the court may:

• Overturn the Conviction: The court may vacate the conviction entirely, effectively clearing your record of the charges.
• Order a New Trial: In some cases, the court may order a new trial with corrected procedures to ensure a fair outcome.
• Modify the Sentence: If the appeal focuses on sentencing errors, the court may reduce the sentence or impose a legally appropriate penalty.

Why Choose LibertyBell Law Group?

Our appellate attorneys have successfully handled numerous post-conviction appeals, helping clients achieve justice after wrongful convictions. We bring a thorough understanding of appellate law, attention to detail, and a commitment to protecting your rights.

“The team at LibertyBell Law Group saved my life. They identified critical trial errors that my original attorney missed and got my conviction overturned. I’m forever grateful.” – David T., Client

Frequently Asked Questions

What is the deadline for filing an appeal?

The deadline varies by jurisdiction but is typically 30 to 60 days after sentencing. Missing this deadline can result in losing your right to appeal.

Can I appeal if I pleaded guilty?

In some cases, you may still have grounds to appeal even after a guilty plea, particularly if your attorney provided ineffective assistance or if the plea was not entered voluntarily.

How long does the appeals process take?

Appeals can take several months to over a year, depending on the complexity of the case and the court’s schedule.

Contact LibertyBell Law Group for Post-Conviction Appeals

If you believe you were wrongfully convicted or received an unjust sentence, contact LibertyBell Law Group today. Our attorneys will review your case and guide you through the appeals process.

Call now: +1-818-273-5262