Although you might feel that a sentence in a criminal case is an immovable challenge, there are still some options left for individuals, including an appeal. Some decisions, however, can be appealed if a conviction is unfair or a trial was improperly conducted. If there was any improper or unlawful element in your trial, it… Read More
State Appeals
Release from Imprisonment Pending an Appeal
After a defendant is convicted and sentenced, the worry becomes time spent in imprisonment. What happens when a defendant has a case for an appeal? In some instances, defendants can be released from imprisonment on bail even after they have been convicted and sentenced, while they appeal their convictions. Rules of Detainment The federal rules… Read More
New Rules for Appealing Cases in Georgia
Those of us who are not attorneys don’t often consider the logistics that go on behind the scenes when we file a lawsuit, bring a case to trial, or appeal a decision in state court. However, some of these logistical issues can have a huge impact on the outcome of a case. Recently, following decades… Read More
Discretionary Appeals Versus Appeals as of Right
If you have been indicted for a federal crime, taken to trial in federal court, and were found guilty and sentenced, then you have the right to appeal the ruling to the Circuit Court. This is because following a trial in the federal court system, any appeal that you make to the federal appellate… Read More
Differences Between Trials and Appeals: The Record
People tend to be familiar with how a court trial works. Anyone who watches TV has seen shows like Law and Order, so they are vaguely familiar with how things work in court. However, these shows tend to focus on criminal trials, instead of federal appeals. This is because the trial process simply makes for better… Read More
When Errors Occur in Court
One of the most important preliminary aspects of a trial is what evidence gets admitted to the proceeding and what evidence gets kept out. Trial judges are the ones who get to make these decisions, but no matter how smart or experienced he or she is, a trial judge is still just a human being…. Read More
The Importance of the Written Brief In an Appeal
If you need to appeal a recent criminal conviction to a higher court, the written brief submitted by your attorney is by far the most important part of your appeal. A well-written, well-argued brief is often the only opportunity you have to convince the appeals court judges that you were indeed convicted wrongfully, that you… Read More
Top 5 Reasons to Appeal Your Conviction or Sentence
If you’ve been unfairly convicted of a crime or received a harsh sentence, that verdict or sentence is not necessarily the final word on the matter. The court system provides you with a number of options for appealing your conviction or your resulting sentence, from direct appeals to a higher court to a number of… Read More
What Jurisdiction Do Federal Courts of Appeal Have?
Before you begin the appeals process for a recent conviction on one or more federal offenses, it’s important to understand what jurisdiction the Federal Court of Appeal will have over your case. This will give you a better understanding of what to expect when you file your appeal. Your attorney can advise you more thoroughly… Read More
High Court Appeals: What You Should Know
If you have appealed a recent conviction and the appellate courts have ruled against you, you might be considering your options for appealing to the high court. In state cases, this would be the Supreme Court of the state; in federal cases, this would be the United States Supreme Court. This is not a decision… Read More