Post-Conviction Appeals
Post-conviction appeals take place after the criminal trial process is completed. If the trial ends in a finding of guilt, the defendant may file a motion to a higher court. Appellate courts will hear post-conviction appeals based on alleged errors in the trial process and at times when new evidence becomes available. The process begins with a notice of appeal, followed by the filing of briefs by the defendant’s lawyer and the prosecution. Generally, a hearing is held and arguments are made to the court. Appellate courts sometimes overturn the case and remand it back to the lower court for a new trial.
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Legal Articles
- The Pros and Cons of Plea Bargaining
When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to … more - How a Criminal is Sentenced for a Crime
The final phase of a criminal case, absent an appeal, is sentencing. It is during the sentencing phase that the judge decides what a convicted criminal’s sentence will be for the crimes that were committed. There are both objective and subjective factors that come into play during sentencing, making it one of the most important and controversial stages of any criminal case. How a … more
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