What happens during the appeals process?

What happens during the appeals process?

| Jun 25, 2021 | Criminal Appeals |

After you receive a judgment after a criminal case, you may be able to appeal the verdict. If you plan to file a notice of appeal, there are some things you need to know.

The American Bar Association describes appeals as court processes to analyze whether an error occurred in the lower court.

What happens during the appeal procedure?

When you appeal, the court refers to you as the appellant or petitioner. You file a notice of appeal, which includes a brief argument of legal arguments as to why you seek reversal. An appeals court may receive written briefs or oral arguments. If asked to submit an oral argument, your lawyer briefly answers questions and provides a brief argument to the court.

For example, if your appeal went to the U.S. Supreme Court, your lawyer could argue for about a half-hour. In most instances, attorneys receive 10 to 15 minutes. During the appeal, the court determines if the lower court erred when applying the law. Not all errors result in a successful appeal, however. Harmless errors without prejudice do not reverse judgments. One of the most common errors to lend themselves to an appeal is admitting improper evidence.

What happens after you appeal?

After the appeal, the court rules whether to reverse the judgment. If the court does not rule to reverse the judgment, then the case may end. However, you may also have the option to appeal to a higher court. However, if the court finds grounds for an appeal, there are three different results. First, you may have a new trial. Second, the court modifies the judgment and last, the trial court reconsiders the facts and takes additional evidence.

In most cases, the prosecution cannot try to appeal a verdict.