If you have been convicted of a crime, you still have a chance to appeal the conviction in court to have freedom. However, the appeal process is quite complicated and should be handled by an experienced and highly skilled Geneva criminal defense lawyer who has a history of success in appeal cases. Your attorney will collect more evidence to prove that you don’t deserve the conviction by pointing out where mistakes may have been made leading to the conviction.
Winning an Appeal
To win your appeal, you need to have an in-depth knowledge of the law and the criminal appeals process. Also, you should have solid representation by a qualified attorney. Winning an appeal means a lot to you and your family. Here are the steps your attorney will take to help you win your appeal:
- Review your case for errors. Your attorney will get copies of the trial and pretrial transcripts. They will scrutinize the entire case file from start to finish, hoping to find any mistakes made by your previous attorney, any legal errors, or any improper statements the prosecutor or judge made. Your attorney will use legal mistakes as a strong argument on appeal.
- Make an argument. Your attorney can make a lot of arguments on your appeal. Such arguments are based on federal law, constitutional law, and court procedure.
- Establish innocence. When your attorney creates an appeal, they balance legal elements and an emotional plea to the judge. They will strive to prove your innocence.
- Argue for your release from prison. Your attorney can do this while your appeal is pending.
Why You Need a Lawyer
If you want to appeal a conviction or sentence, you must retain an attorney with a good track record of success in terms of the criminal appeals process. Hiring a seasoned attorney will ensure you have fresh eyes on your case. Also, your attorney will discover new arguments after reviewing the facts and legal arguments presented at trial. They have the confidence that they can find arguments others have missed. The best attorney will take the appeals process very seriously.
After your conviction, you have a limited amount of time to file any post-trial motions and seek reconsideration of evidence. Also, you only have thirty days to apply for a new trial or file your notice of appeal. A good attorney knows these deadlines before your conviction so there is enough time to file any necessary paperwork and leave time for any possible delays.