What is a criminal appeal?
A criminal appeal is where a convicted person tries to overturn a decision that the court made through proving it 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 an already completed case.
Can another appeal be filed if the lawyer failed to show evidence in the first criminal appeal process?
Case Details: Lawyer failed to bring up DNA evidence that would prove innocence.
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. 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 bar Association for 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 with the prisoner and decide on an order to allow the children to visit the parent in prison. This has to be done by the prisoner 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 presented at trial did not meet the grounds of sufficiency to convict the person of the crime. Constitutional grounds are when the person did not have sufficient counsel to present his/her defense or 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; the owner was nowhere around.
When a person is made to surrender vehicle 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 can file a lawsuit called a petition for Judicial Review and request a hearing based on the grounds that the person was an innocent owner.
When a defendant thinks he/she was not represented right or there is new evidence, then questions may arise 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 needed.