Charlotte Appeals Lawyer

An appeal is not a retrial. The appeals court reviews criminal cases upon request to ensure that defendants were given a fair trial and that no major legal errors were committed during the trial. No new evidence can be considered by the higher courts.

If the higher courts determine that there were major legal errors that influenced the outcome of the lower court decision, the appellate court can affirm the lower court’s ruling. In that case, the original verdict and punishment stand.

If the appeals court finds that the defendant did not receive a fair trial, there are several potential remedies. The appeals court can overturn the verdict entirely. This outcome would exonerate the defendant. The higher courts may remand the case back to the trial court for resentencing or further actions. In other cases, the appeals court may order a new trial. Prosecutors will have to decide if they plan to retry the case, drop charges, or offer a plea agreement to avoid a new trial.

A defendant can appeal a verdict if there were major legal errors during the course of the trial or if the defendant’s fundamental rights were violated. Under the Sixth Amendment, for example, a defendant has the right to cross-examine witnesses.

If a witness who alleges the defendant committed a crime does not testify, which deprives the defendant of the right to cross-examine them, the defendant could use that violation as the basis for an appeal. Misconduct on the part of prosecutors or the judge could also provide grounds for an appeal. If a judge displays bias against the defendant and that bias influences the jurors, the outcome of a trial could be compromised.

Prosecutors must also follow ethical guidelines. If there is a witness whose testimony supports the defendant’s evidence and the prosecution does not tell the defense about the witness, that could be an example of withholding exculpatory evidence.

The appeals process is unique and requires careful preparation and strong legal arguments. Unlike a trial, the appeals process is primarily handled through the filing of legal documents. Without legal help from a law firm with extensive experience filing appeals, you may fail to collect the correct evidence or make the right legal arguments.

An attorney can handle the complexities of your appeal by reviewing the trial record and gathering certified copies of evidence like the trial’s transcript. An appellate attorney can then back up legal arguments by citing past higher court rulings that overturned convictions based on similar legal errors during the trial court.

The end of your trial is not necessarily the end of your search for justice. If your trial was marred by serious legal errors or the deprivation of your rights, the appeals process allows a higher court to review the lower court’s ruling. A successful appeal could lead to an overturned verdict, reduced sentence, or the opportunity to retry the case. Any of these outcomes may be well worth the investment of time and money into an appeal.

Plumides, Romano & Johnson, PC stands ready to handle your appeal. Our appellate attorneys can gather evidence from the original trial record and closely examine what happened to see what legal arguments can support your appeal. Our legal team can carefully draft an appeal that makes a clear and compelling legal argument that you deserve relief under the law. To schedule your appeals consultation, contact our office today.