Navigating Criminal Appeals: What Cases Do Appellate Lawyers Handle?

The criminal justice system is complex, and when a defendant feels that their conviction or sentence is unjust, they may turn to criminal appeals. 

But what exactly happens during an appeal, and what kinds of cases do appellate lawyers handle? 

Let’s break it down.

What Is A Criminal Appeal?

Before we dive into the types of cases, it’s important to understand what an appeal is. 

In a criminal case, an appeal happens after the defendant has been convicted. The defendant might believe that errors occurred during the trial that impacted the fairness of their verdict or sentence. They then ask a higher court to review the case and potentially overturn the decision.

An appeal isn’t a new trial. The appellate court reviews the original trial’s proceedings to find errors, legal mistakes, or violations of the defendant's rights. If they find any issues, the court might send the case back for a new trial, modify the sentence, or even dismiss the charges.

Types Of Cases Appellate Lawyers Handle

Appellate lawyers specialize in reviewing trial records, identifying legal errors, and crafting compelling arguments. They handle a range of cases that typically involve:

1. Appealing a Conviction

The most common type of criminal appeal involves challenging a conviction. When a defendant believes that their conviction was the result of a legal error, they may hire appellate practice attorneys to explore their options. Common reasons for appealing a conviction include:

• Improper Jury Instructions: If the judge gave the jury incorrect or misleading instructions, it can affect the verdict.
  

• Insufficient Evidence: The defendant might argue that the evidence presented was not enough to support the conviction beyond a reasonable doubt.
  

• Mistakes Made by the Judge: If the trial judge made errors in their rulings, like wrongly admitting evidence, it can impact the trial’s fairness.

Appeal lawyers for criminal cases are well-equipped to examine these issues and argue them in front of a higher court.

2. Appealing a Sentence

Not all appeals focus on overturning a conviction. Some defendants appeal the severity of their sentence. Common reasons for appealing a sentence include:

• Excessive Sentencing: A defendant may argue that the sentence they received is disproportionate to the crime they committed.
  

• Improper Application of Sentencing Guidelines: Sentencing guidelines exist to ensure consistency, but they’re sometimes misapplied. If an appellate lawyer finds that the guidelines were used incorrectly, they might appeal the sentence.
  

• New Evidence: In some cases, new evidence or developments may come to light after a sentence is imposed. This could lead to a reduction in sentence if the new evidence suggests a lesser degree of culpability.

In such cases, the appellate practice attorney argues that the sentence should be reduced or adjusted.

3. Appealing Pre-Trial or Trial Rulings

During a criminal trial, there are many rulings made by the judge that could affect the outcome. Some common pre-trial and trial rulings that may lead to an appeal include:

• Suppression of Evidence: If evidence was obtained unlawfully or violated the defendant’s rights, it could be excluded from the trial. If a judge wrongly admits evidence that was supposed to be excluded, it might lead to an appeal.
  

• Refusal to Dismiss Charges: In some cases, an appellate lawyer may argue that the charges should not have been brought to trial in the first place. If the trial judge denied a motion to dismiss, it could form the basis for an appeal.

These types of appeals can be complex, as they focus on technical legal issues, but an appellate lawyer’s job is to find the mistakes that could have influenced the case.

4. Post-Conviction Relief

Sometimes, after all appeals have been exhausted, new information or legal arguments may arise. Common reasons for post-conviction relief include:

• Ineffective Assistance of Counsel: If the defendant believes their trial lawyer performed poorly or failed to present an important defense, they can seek post-conviction relief.
  

• Newly Discovered Evidence: Sometimes, new evidence is uncovered after a conviction that can change the outcome of the case. This might include new DNA evidence or witness testimonies that weren’t available during the trial.

Appellate practice attorneys work with clients to assess whether such post-conviction relief is possible, especially in cases where there is a strong case for injustice.

Final Thought

Appellate practice attorneys play a crucial role in the criminal appeals process. They review trial records, identify legal errors, and build compelling arguments to challenge convictions, sentences, or trial rulings. Their expertise in navigating complex legal issues and procedural nuances ensures that justice is upheld, even after the trial has concluded. 

By addressing trial errors and advocating for fair outcomes, appellate lawyers for criminal cases help defendants secure a chance to fight for their rights and correct any miscarriages of justice.