Being able to appeal a criminal conviction is an opportunity that should be taken seriously. There’s a lot that needs to be done before going to court to ensure a better chance of winning. Do the following to give yourself the best possible option.
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Know What Can Be Appealed
It’s important to understand that not every part of your trial can be appealed. Things like miscarriages of justice or errors of law can be brought forward for reevaluation. These are seen as proper grounds to bring the issue to a higher court.
Additionally, these errors need to be at a level that could’ve changed the trial’s outcome. Even if your evidence falls under the accepted categories, the courts might reject your application because it doesn’t make a difference.
Have a Lawyer on Your Side
The last thing you should do is go through the appeals process by yourself. Consulting an appeals lawyer is advised to ensure you’re getting the best possible advice. It’s important to note that your trial attorney isn’t the same as an appeals one, and it’s okay to have both working on your case.
According to Ottawa Appeal Lawyers, many people feel it’s inappropriate to consult another attorney and that their current one won’t work as hard. If that’s a concern, appeal representatives can offer their services confidentially without involving your trial lawyer, and having someone who’s an expert in this area will help immensely.
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Have All Documents Ready
In an appeal case, you’ll need several documents. Transcripts from your trial and relevant evidence can increase your chances of success. This kind of procedure isn’t a do-over, so nothing new can be presented most of the time.
The appellate court will mostly look over everything from the trial and search for substantial errors. For this reason, gathering everything relevant before-hand is vital. Lack of preparation could hurt your case both because you might leave out something essential, and you’ll also look like you’re not taking matters seriously.
File on Time
Once you have all the needed documents, it’s vital to file everything in the provided period. One of the reasons for this is the time limits that are in place. Appellate courts usually have jurisdiction over the original trial for a specific time after the original judgment.
During this period, both sides need to file briefs before they’re allowed to make an argument in court. As the defendant, if you or your counsel fail to file a notice of appeal before the statute of limitations runs out, it could lead to the court throwing out a case without hearing it.
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Fight for Your Rights
An opportunity to appeal can make a world of difference. To give yourself the best chance, make as many preparations as possible. A few simple actions could be the key to victory.
Before anything else, make sure you have anything worth appealing. Even if you think it matters, the evidence you bring forward needs to be substantial enough for the courts. Don’t be afraid to hire extra counsel that specializes in appeals so that you get the best advice possible.
One of the most important things to remember is not to waste court time. Get all your documents in order and file them as fast as possible. Doing these things will make the appeals process a lot easier.