Note that the appeal can be filed only after the trial court has passed the final judgment or order. This is to prevent delays that can arise from waiting for appeals on every ruling made by the judge.
Prospective clients always want to know whether appealing is akin to a retrial. The short answer is no; in a state or federal criminal appeal, your Brownstone criminal appellate lawyer will attack the order or judgment of the court on some legal grounds. That is, the facts presenting during the trail won’t be reopened, rather your attorney will raise the legal errors arising that may have risen in the state or federal trial court in question.
You can appeal the conviction or the sentencing. For instance, if you have been convicted of securities fraud, but sentenced to a harsh prison sentence that you believe to be unreasonable, you can appeal only the prison term and let the conviction remain.
The appeals court may issue a ruling based on the written briefs or hear an oral argument. It may then either uphold the decision, modify the ruling, order a new trial and very rarely, throw out the case. While the rate of successful appeals is low, grounds involving a denial of constitutional rights are almost always overturned by appellate courts. Call us to discuss your appeal 1-888-233-8895.