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Criminal Appeal Process

What is a criminal appeal?

A criminal appeal is where a convicted person tries to overturn a decision that the court made through proving that the decision was made in error or that new evidence has been found. Usually the process does not make it into court, but is handled through paperwork and attorneys. Appellant courts are not like district courts due to the fact that they are not considered courts of record. In the appellant court there are no court reporters, no witness stands, and no juries. In most cases these courts do not receive evidence or testimony, but review the facts that are in question from a already completed case.

What can be done if a lawyer fails to bring up evidence during a criminal appeal process?

Case Details: Lawyer was payed to file a criminal appeal and failed to bring up DNA evidence that would prove innocense. Can the accused file another appeal and what can be done about the lawyer?

The person would need to try and sue the lawyer for malpractice. If the DNA would have cleared the person and the lawyer did not bring this fact up, then the lawyer did not do his job in proving just cause for the appeal so he most likely should be sued for malpractice. The lawyer should also be sued on the grounds that he/she did not inform the defendant of the decision. The defendant should also report the lawyer to the Florida bar Association for the malpractice.

Can you file an appeal to see your children while in prison for child molestation?

Case Details: Prisoner in California. The molestation did not involve the prisoner's children.

The prisoner would need to file a motion in the court and prove that he/she is not a danger to his/her own children with a copy of the report from CPS as well. The court would then hold a hearing in which the prisoner would be brought in and the court would decide on an order to allow the children to visit the parent in prison. This has to be done by the prisoner himself/herself or their attorney.

What is the difference between legal and constitutional grounds for filing a criminal appeal?

Legal grounds for appeal are when there is a question of sufficiency of evidence, which means that the evidence that was presented at trial did not meet the grounds of sufficiency to convict the person of the crime. The constitutional grounds are when the person did not have sufficient counsel to present his/her defense. Another constitutional ground would be the defendant’s right to a speedy trial.

How to file an appeal against a notice to surrender license plates?

Case Details: Friend borrowed a vehicle and got a DUI. Cops sent the vehicle owner a letter to surrender the license plates. The owner wasn't near the vehicle when the vehicle borrower got the DUI.

When a person is made to surrender hi/her tags, then one of the most popular defenses are “The Innocent Owner” defense. This means if the owner is not driving or near the vehicle when a crime is committed then they are considered to be a innocent owner and should file a lawsuit called a petition for Judicial Review and request a hearing based on the grounds that the person was a innocent owner.

When a defendant thinks that he/she was not represented right or there is new evidence that proves them to be innocent, then he/she may have questions regarding the process in which to file a criminal appeal. The person or their associate may need to consult an Expert to gain the answers that he/she may need.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Appeal Questions

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    I have written an appeal to the warden and am awaiting a decision.
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