To make an appeal against your criminal conviction may not be a very simple matter as it involves a complex process. But it’s not an impossible task either. If you have grounds to prove legally that the ruling delivered by the trial court was unjust, you can get the ruling overturned by making an appeal. However, there are certain dos and don’ts that you need to follow when making an appeal against a criminal conviction. Let’s take a look at some of them:
Do understand that an appeal and a trial do not mean the same thing
An appeal is very different from a trial. Contrary to the belief of many people, an appeal does not involve a review of any facts related to your case. It also does not involve forming a new strategy for your case by gathering new evidence or witness. In fact, an appeal is an opportunity of reviewing the ruling of the trial court with an aim to overturn it.
Don’t get overwhelmed by the procedure of making an appeal
To make an appeal, one needs to follow strict guidelines. Instead of getting intimidated by the whole process, look for a lawyer who can handle the procedure and represent you in front of the panel of judges to make a successful appeal.
Do select an expert criminal appellate attorney
Consult a proficient criminal appeal lawyer to handle your appeal in court. A lawyer needs to have specific skills, like the ability to write persuasively and argue well in order to make an appeal. A trial lawyer may not have such skills. But criminal appellate lawyers are known to possess these skill sets. Instead of taking chance, make sure that you go along with an expert appellate lawyer who is seasoned in handling appeals.
Don’t hesitate to ask the attorney about his experience
An experienced lawyer can make a lot of difference to your appeal. So, do not shy away from asking your lawyer about his or her experience of handling appeals related to criminal convictions and the success ratio as well.
Do realize that making an appeal can be an expensive affair
The cost of making an appeal can vary on several factors. These include the complexity of your case as well as the time needed by the lawyer to carry out research and prepare the brief. If your case involves studying lengthy transcripts of the trial, your litigation cost will increase as your lawyer will have to invest more time for the same.
Don’t expect an immediate outcome of your appeal
More often than not, appeals are slow-paced. They take time to get resolved. Sometimes an appeal may take months or longer to get resolved. Don’t get frustrated by the slow progress of your appeal. There are a lot of factors that determine how much time it may take for an appeal to get resolved. So, if you are making an appeal, don’t run out on your patience.