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Common Myths and Misconceptions About Criminal Appeals
Admin • Oct 20, 2019
After a defendant is found guilty of a criminal offense, their attorney may recommend filing an appeal. Unlike an original trial, which is often held in front of a jury, an appeal is filed to a separate appellate court and only a judge considers if the appeal is valid. Unfortunately, many defendants don't understand what is involved in the appeals process and base their decisions on misinformation.
Here are a few of the most common myths and misconceptions about filing a criminal appeal.
An Appeal Is a Second Trial
Unlike an original trial, which involves both a defense attorney and prosecutor presenting original evidence, there is no new evidence presented at an appeal. Instead, a defense attorney must prove there are grounds for an appeal based upon errors or miscarriages of justice made in the original trial. Here are a few common grounds for appeal:
- False arrest. The original arrest was invalidated. For example, if law enforcement officers made mistakes when the original warrant for arrest was issued and executed.
- Jury misconduct. The court provides jury members with explicit instructions, and if the jurors violate these instructions, such as jurors discussing the trial with family members outside of court, it could be grounds for an appeal.
- Unethical prosecution. The defendant's attorney must prove the prosecutor acted in an unethical way or didn't follow the law. For example, the prosecutor misrepresented the law.
- Insufficient Evidence. The attorney must prove that the evidence used to convict in the original trial was not sufficient enough to warrant the conviction and sentence.
Another common grounds for appeal is the original trial and verdict violated the defendant's constitutional rights. For example, the defendant's attorney could argue that the jury selection wasn't fair, and some potential jurors were excluded based upon their gender or race.
An Appeal Happens Quickly
In Missouri, the defendant's attorney must file a notice of appeal no later than 10 days after the original judgement is finalized. This means that the attorney must work quickly to ensure that sufficient grounds for an appeal are located and then fill out and file all the necessary paperwork. During this time, the defendant will remain in jail or house arrest, depending upon the conditions of their sentence.
This initial application happens quickly. However, this doesn't mean that the entire appeals process will happen quickly as well. Your attorney must sift through all of the legal documents associated with your arrest, trial, and sentencing, including the transcripts, to find a legal basis for the appeal. For example, this could mean a mistake made by the arresting officer or a mistake made by the judge.
While you are awaiting an appeal, it is critical that you not speak to anyone about your case, other than your attorney. This includes any official at a prison or your own family. If anyone questions you about your appeal, contact your attorney.
Winning an Appeal Means I Will Immediately Be Released
Finally, if you win your appeal, there are several potential outcomes. For example, the judge could grant you a new trial on different charges, granted a new sentencing hearing, or be granted a plea bargain that allows you to reduce your sentence. The original verdict could be overturned, and a new trial based upon the original charges might also occur.
There is no guarantee that a successful appeal will result in your immediate release from jail. The outcome of the appeal is based upon several factors, including the grounds and the severity of the crime.
The appeals process can be confusing, which can perpetuate many common myths and misconceptions. If you have any more questions, contact the professionals at David Naumann & Associates.
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