Legal News

11-Jun-2023

Understanding the Power of Appeals in Criminal Cases

The criminal justice system can be a difficult, convoluted process to navigate. Many people are familiar with the verdicts that occur in criminal cases, but they may not realize that there is something else beyond verdicts. That something else is the power of appeals in criminal cases. This article will explore the power of appeals in criminal cases and what they mean for criminal defendants.

Understanding Appeals

The first step in understanding the power of appeals in criminal cases is to understand what an appeal is. An appeal is a request to a higher court to review a case and overturn the decision of a lower court. 

The higher court may agree with the lower court's decision or it may find that the lower court was wrong and overturn the decision. If the higher court overturns the decision, the case is sent back to the lower court for a new trial.

Who Can File an Appeal?

The next question to answer is who can file an appeal in criminal cases. Generally, anyone involved in a criminal case has the right to file an appeal. 

This includes the defendant, the prosecutor, and even the judge. However, the defendant is the most likely to file an appeal as they are the ones who are most likely to be unhappy with the verdict.

When Can an Appeal Be Filed?

When it comes to filing an appeal, timing is everything. Generally, there is a window of time in which an appeal can be filed. This window is usually 30-90 days after the verdict has been handed down. 

If an appeal is not filed within this window, the right to file an appeal has been forfeited.

What Does an Appeal Entail?

To file an appeal, the defendant must provide the court with a written brief. This brief must explain why the defendant believes the verdict was wrong and why the court should overturn the decision. 

The defendant may also present new evidence to support their argument.

Process for an Appeal

Once the appeal has been filed, the process for an appeal begins. The court will review the written brief and the new evidence presented by the defendant. 

If the court finds that there is a valid reason to overturn the verdict, they will grant the appeal. If the court denies the appeal, the defendant may be able to file a petition for review with the state's supreme court.

Chances of Winning an Appeal

The chances of winning an appeal depend largely on the strength of the defendant's argument and the evidence they present. Generally, appeals are successful in about 10-20% of cases. 

However, the success rate can vary depending on the nature of the case and the court that is hearing the appeal.

Benefits of Filing an Appeal

The defendant gets another chance to present their case, which is the main advantage of filing an appeal. This is especially valid when the defendant feels that the verdict was incorrect.

Additionally, submitting an appeal might provide the offender a chance to have their sentence reduced or to completely avoid going to jail.

Risks of Filing an Appeal

While there are certainly benefits to filing an appeal, there are also risks. One of the most significant risks is that the court may uphold the verdict and impose an even harsher sentence. 

Additionally, filing an appeal can be a lengthy and costly process, so the defendant must weigh the costs and the benefits before deciding to file an appeal.

Bottom Line

The bottom line is that the power of appeals in criminal cases can be a powerful tool for criminal defendants. It can give them another chance to have their case heard and potentially have the verdict overturned. 

However, it is important to understand the process, the risks, and the chances of success before deciding to file an appeal.