Blog Layout
Common Myths and Misconceptions About Criminal Appeals
Admin • October 20, 2019
After a defendant is found guilty of a criminal offense, their attorney may recommend filing an appeal. Unlike an original trial, which is often held in front of a jury, an appeal is filed to a separate appellate court and only a judge considers if the appeal is valid. Unfortunately, many defendants don't understand what is involved in the appeals process and base their decisions on misinformation.
Here are a few of the most common myths and misconceptions about filing a criminal appeal.
An Appeal Is a Second Trial
Unlike an original trial, which involves both a defense attorney and prosecutor presenting original evidence, there is no new evidence presented at an appeal. Instead, a defense attorney must prove there are grounds for an appeal based upon errors or miscarriages of justice made in the original trial. Here are a few common grounds for appeal:
- False arrest. The original arrest was invalidated. For example, if law enforcement officers made mistakes when the original warrant for arrest was issued and executed.
- Jury misconduct. The court provides jury members with explicit instructions, and if the jurors violate these instructions, such as jurors discussing the trial with family members outside of court, it could be grounds for an appeal.
- Unethical prosecution. The defendant's attorney must prove the prosecutor acted in an unethical way or didn't follow the law. For example, the prosecutor misrepresented the law.
- Insufficient Evidence. The attorney must prove that the evidence used to convict in the original trial was not sufficient enough to warrant the conviction and sentence.
Another common grounds for appeal is the original trial and verdict violated the defendant's constitutional rights. For example, the defendant's attorney could argue that the jury selection wasn't fair, and some potential jurors were excluded based upon their gender or race.
An Appeal Happens Quickly
In Missouri, the defendant's attorney must file a notice of appeal no later than 10 days after the original judgement is finalized. This means that the attorney must work quickly to ensure that sufficient grounds for an appeal are located and then fill out and file all the necessary paperwork. During this time, the defendant will remain in jail or house arrest, depending upon the conditions of their sentence.
This initial application happens quickly. However, this doesn't mean that the entire appeals process will happen quickly as well. Your attorney must sift through all of the legal documents associated with your arrest, trial, and sentencing, including the transcripts, to find a legal basis for the appeal. For example, this could mean a mistake made by the arresting officer or a mistake made by the judge.
While you are awaiting an appeal, it is critical that you not speak to anyone about your case, other than your attorney. This includes any official at a prison or your own family. If anyone questions you about your appeal, contact your attorney.
Winning an Appeal Means I Will Immediately Be Released
Finally, if you win your appeal, there are several potential outcomes. For example, the judge could grant you a new trial on different charges, granted a new sentencing hearing, or be granted a plea bargain that allows you to reduce your sentence. The original verdict could be overturned, and a new trial based upon the original charges might also occur.
There is no guarantee that a successful appeal will result in your immediate release from jail. The outcome of the appeal is based upon several factors, including the grounds and the severity of the crime.
The appeals process can be confusing, which can perpetuate many common myths and misconceptions. If you have any more questions, contact the professionals at David Naumann & Associates.
You have the right to seek justice if you or a loved one is involved in an accident from someone's negligence. Discover six types of personal injury cases.
Even a minor crime on your criminal record can prevent you from getting a job or qualifying for a loan. Learn about expungement and how it can help.
Do you want to apply fora mortgage? Then read our blog to learn about a few of the common examples of mortgage fraud so you can avoid them.
A power of attorney is a legal document that gives someone power to make decisions about your property or person. Learn about the different types.
If you face an accusation of domestic violence, read our blog for an overview of domestic violence charges in Missouri so you can understand what to expect.
Appearances can affect first impressions, so every defendant needs to project the right image. Learn how you can prepare your appearance for court.
Read hereto learn exactly what DUID is, when you can get a DUID charge, what kind of penalties DUID carries in Missouri, and how you can fight the charge.
Missouri has a workers' compensation program that provides benefits to workers harmed on the job. Look at the key rights Missouri employees need to know.
Driving with a suspended license comes with criminal penalties. Learn about four of the most common defenses an attorney can raise to fight these charges.
If you own a medical marijuana card, guns may be off-limits. Read our blog to learn more about marijuana cards in Missouri and the associated laws.
PHONE: 314-831-9350
| FAX: 314-831-5809
EMAIL: d_naumannlaw@msn.com
| ADDRESS: 580 N. U.S. Highway 67 Ste. 4, St. Louis, MO 63031
