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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: 2427
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
6 Criminal Lawyers are Online Now

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Appeal Questions

  • when a person goes to trial on a dui and the defense attorney

    when a person goes to trial on a dui and the defense attorney was denied the use 0f the evidence by the district attorney which would prove his innocence also is it legal for the court convict him based on past record
  • I am on diversion, and it will be up in April 13, of next year.

    I am on diversion, and it will be up in April 13, of next year. I have been told by my sister that my brother who works on the squat team that, when my charges ceases that he and the police department will go and say that they forgot to charge me with leaving my kids at home and that they will put a gun charge on me. Is that possible? Could that happen?
  • hi, can refer to my question before this one about this. My

    hi, can refer to my question before this one about this. My friend has a trial date in Dec to "review" his probation report: community service, checking etc. I'm thinking the prosecutors case has way too many holes in it as you can see below. And he has left several messages to his PD, she never calls him back. I was thinking he should get and affidavit from his doctor about his issue with gout "commencement' from a professional expert affiant. Then, the report from his probation officer, couples with all the other information and lack of judiciary responsibility of the PD, and send all in to the judge's secretary as you know cannon speak to the judge, and see what her response would be i.e. toss the case, have a new trial and give him the RIGHT to trial by jury which is a right in Fla. If agree, need to find all proper forms to file to the clerk. tks
    Thank you for the additional information. If your friend took a plea deal, they would first want to try and vacate the plea, if they did not know what they were accepting. Prior to taking a plea, the Judge goes through a plea colloquy and advises the Defendant of the rights they are giving up and asks them if they attorney went over everything and that they know what they are doing. If the Judge did not do this, they could have a basis to vacate the plea but would need to obtain a copy of the record to see exactly what was said. Now, if they did this but there are still problems, they could appeal and based upon what you shared upon, would have to be on the basis of ineffective assistance of counsel. Everything which you stated above is part of the discovery process and defense process and an expert would have needed to be called in to testify to the issue with the breath test machine or any issue with the radar gun. If the gout effected the ability to perform the test, that could have been an issue raised at trial. .08 is right at the legal limit, so if there could be an explanation for why he performed poorly on the test, this may have been a case where there was doubt and the State failed to meet their burden of proof.
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