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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
Category: General
Satisfied Customers: 2398
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Appeal Questions

  • My 23 year old son seems to be being railroaded out of his

    My 23 year old son seems to be being railroaded out of his University, based on what I've observed of their judicial process. He met a 21 year old girl last end of semester. They went different ways over summer, no contact. Met again at start of semester, then two weeks later began some relationship where he asked if he could stay at her dorm two nights a week for classes the next day. [He had been dorm resident on West side campus three years previously, no marks on his record, treasurer for his frat, rugby player (had tried for school football team before injury/surgery)]. When she said no, he texted "you're no fun" and ended a night in another coed's room. The school rule is if you're not a resident, then you can't be out of the host's room without the host. He left the dorm at 2:30 PM without his host and the female RA on duty demanded to know where his host was. My son was known to them and who the host was and laughed and walked out. He was informed he was banned from the dorm for 7 days. [boy, do we wish it had stopped there] He was irate! He felt betrayed by people he thought were friends. He texted along the lines of "who da f**k do I complain to" and "I'm going to bomb housing". He meant create a "shit fit" but he said "bombing" [I thought stupidity was not criminal]. The dean said the FBI was contacted, the local police gave him a summons for public disturbance, then a week later, the girl accused him of stalking, even though he stopped seeing her after this (though he claims she said "contact me by facebook, my phone doesn't work"), so there are some FB texts (they are benign-at least to reasonable people). Now he had to go through a judicial process that he was totally unprepared for and did not do well and the outcome was total probation from campus, except for his classes. He had 10 days to appeal, it's a one time process, 70% of appeals fail because they are ill worded and he couldn't have the advocacy help because he was already in the judicial system. What I heard in the hearing amounted to at worse, he "pestered" her, yet total ban from campus life and I strongly feel because of the suit of the 7 UConn coeds. Should I pursue a lawyer for my son's rights?
  • Paul let me ask you this. Since this hearing is not to

    Paul let me ask you this. Since this hearing is not to rehash the past but what you have done since the last hearing to progressed enough to get your kids back. And most of what is in the courts facts is hearsay and untrue. But it was allowed to be in
    the courts facts due to the attorney appointed to defend you did not object at that time. But since time to appeal has expired not much you can do now. We have evidence to prove these facts are lies. Your attorney won't addess these issues at this hearing.
    So this crosses my mind. To at least get this heard, right before that hearing starts have a motion Nunc Pro Tunc to change the courts records to reflect the truth and verbally present it in court before the hearing to set the pace. This way it is heard but
    not part of the hearing since that is not what it is for. Would that be possible?
  • I filed unemployment and I got benefits for 5 weeks, and I got a phone interview today fro

    I filed unemployment and I got benefits for 5 weeks, and I got a phone interview today from EDD because my employer notify EDD that they didn't laid off me.
    I gave them a notice first because I was under pressure to be terminate. And I misunderstood that 'Laid off' mean. so when I filed the claim, I wrote 'they let me go', and I didn't know the difference between 'laid off' and 'quitting'. and i found out 'quitting' is not eligible for unemployment benefits.
    So I want to pay back to void any further problems.
    Should I call EDD and let them know?
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