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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.

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Recent Appeal Questions

  • Hi My husband just signed parole papers in chino State prision

    Hi My husband just signed parole papers in chino State prision and has approximately 76 days left of time left. My question is is it possible for him to get kicked out and released early before the 76 days?? His crime was for involuntary particular man slaughter which we are still appealing and the appeal may not go through till October 10th and he is expected out on October 8th. But since he just signed his parole papers today I was wondering what are the chances of him getting released early before his time is up..
  • For Paul JD, Paul in my Harassment charge I have what the Court

    For Paul JD, Paul in my Harassment charge I have what the Court says is my sentencing hearing this Tuesday. Which in the last hearing is where the Court let my Court appointed attorney withdraw and asked if I wanted the Court to hear my Motion for New Trial now pro-se. I said no and asked for time to hire an attorney to represent me at the Motion for new trial hearing. The Judge continued it for that reason he said. But then turned around and filed an order saying he heard my motion for new trial. Which I should be receiving the transcripts Monday. And I also recorded that hearing. I have two affidavits from witnesses of me leaving the voice mail, and a recording from the sheriff's dept saying they don't show getting any phone calls from me coming into the sheriff's dept on the date they say I called and left the voice mail. These affidavits and recording are my newly discovered evidence. Also when going in pro se I thought I saw somewhere they have to have an attorney present just in case I have any questions, that I can ask for a recess and consult this attorney on standby. Is this true? And do you have any advise you can give me before going into this Pro se?
    And I already have my written Notice of Appeal typed up just in case.
    And another thing, if i don't have the transcripts from the last hearing before Tuesday is that grounds to have it continued?
  • FOR DWAYNE B.I have called at least ten lawyers and sadly

    FOR DWAYNE B. I have called at least ten lawyers and sadly every body is BUSY. If I file the appeal can I submit evidence as in an affidavit from my husband stating that I am a 100 percent owner of the buisness thus I can not steal from myself.

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