Filing an Appeal
Scottsdale Criminal Defense Attorney
No one is exempt from the possibility of making a mistake from time to
time, not even the criminal justice system. If you believe that your criminal
trial had was erroneous and that your conviction stemmed from one such
error, you can attempt to set things right by filing for an appeal to
a higher court. A criminal appeal is the process of asking a superior
court, such as the intermediate appellate court or the Supreme Court of
Arizona, to review your case for issues and alter the judgement when necessary.
Appealing is a delicate process. Make sure you make no mistakes by
contacting our Scottsdale criminal defense lawyer today.
Valid Reasons for Appealing a Conviction
Thoroughly reviewing a case for errors can be an intricate and painstakingly
slow process. To avoid sinking time into fruitless appeals, appellate
courts in Arizona will only accept cases on certain specific grounds.
At least one of the following legal errors must be present in your trial
for it to be appealed:
- Prosecutorial misconduct
- Judicial error
- Lack of substantial evidence
- Ineffective counsel
Sometimes the errors are clear to you but not to the appellate court. You
should treat your appeal filing as seriously as you did your criminal
trial, and only rely on an appellate lawyer with experience and the ability
to argue persuasively on your behalf as to why your appeal should be accepted.
Benefits of a Successful Appeal
If the appellate court concerned with your appeal does accept it, there
will not be a jury and no new evidence will be submitted, in most cases.
The court is simply tasked with going over how the trial was handled and
unfolded to find an error substantial enough to potentially skew the jury’s
decision or the judge’s sentencing. If such an erroneous mistake
has been made, the appellate court will decide how to proceed, which can
result in one of numerous benefits for you.
A successful appeal could result in:
- New not guilty verdict
- Dismissal of all charges
- Motion for a new trial
- Higher court review
Turn Your Case Around – Call 602.832.7404
Appeals are one of the many ways the criminal justice system in the United
States of America sets our country apart from most others. We are so committed
to ensuring that everyone is given a fair trial that convicts are afforded
the opportunity to challenge their convictions. If you are unsure of your
options, or cannot decide if filing an appeal is right for you,
contact our Scottsdale criminal defense lawyer.
We would be happy to go over your case with you during a
free initial evaluation with our dedicated and highly-experienced staff.