Ways a Defense Attorney Can Help You
Winning a criminal appeal is the quintessential job of all appeal lawyers. And as such, it requires
top-level skills and the proper presentation of facts and errors regarding the case.
In this article, you can learn more about what’s an appeal and what qualities appeal lawyers
should possess to win one. Also, we’ll present you with some facts concerning deadlines and
common arguments that you can utilize to win an appeal successfully.
What is an appeal?
An appeal is a legal opportunity provided by the judiciary to a convicted person for a review by
another court. The selected second court will receive a record of what occurred at trial, and the
conviction individual may present the second court with an appellate brief. These brief features
the arguments on why the conviction is improper.
The appeal is usually focused on actions in court or during the trial and cannot include issues not
raised during the process. Also, the appeal must be based on the court record, showing how a
particular error harmed the defendant. Suppose there is no information in both the clerk’s and the
reporter’s records. In that case, the attorney must file a Formal Bill of Exception.
There are two types of appeals – “direct appeal” after a conviction and a Writ of Habeas Corpus.
They have many similarities in their definition, utilization, and deadlines.
The Direct Appeal has a very short deadline. Usually, the criminal defense attorney needs to file a
Notice of Appeal, which authorizes the Court of Appeal to consider the specific case. It has a
standard deadline of 30 days after sentencing.
If there’s a new trial in motion, then the deadline for a Notice of Appeal is 90 days. There’s a
further situation called a premature notice of appeal. It means that a Notice of Appeal was filed
after the conviction and before the sentencing. Usually, these appeals are accepted in court.
Writ of Habeas Corpus.
The Writ has a usual deadline of 90 days, but sometimes it can be filed years, even decades later.
The Writ is more of the next step in case other appeals processes have been exhausted. It is also a
good option if the convict has their appeals denied.
Arguments that can win an appeal
Appeal lawyers should research all the facts and provide strong arguments to support their
claims. Each case is unique, and the arguments that won one appeal may be inapplicable in
another. The most common include, but are not limited to:
Admission of Confession;
Admission of Improper Evidence;
Failure to Disclose Exculpatory Information;
Choosing an appeal lawyer
The abilities of the chosen appeal lawyer are of vital importance for the total outcome of the trial.
Finding errors that can aid the success of an appeal is challenging. Here are some of the abilities
a successful appeal lawyer should possess.
Diligent Research – every attorney should be able to go through transcripts and other case
documents to find suitable arguments for a successful appeal;
Forceful Advocacy – a good lawyer should go all the way to win a successful appeal for their
Show the Client’s Innocence – the main objective for every lawyer. The best case scenario for
both attorney and client is proving the convict innocent;
Refute the Prosecutor’s Arguments – the attorney must argue against the government’s positions,
providing solid evidence that it is either irrelevant or inapplicable to the issues on appeal.
Call or text Rutan Law for Help and guidance. www.defenseohio.com