Pursuing Justice With Felony Appeals
Everyone accused of a crime has the right to a fair trial. Unfortunately, mistakes can occur throughout the criminal process. In a felony case, judges can make mistakes in pretrial rulings. A pretrial error may lead to a plea agreement based upon evidence that was improperly obtained. In a felony trial, unfair testimony may be presented to the jury. Evidentiary errors during the course of a trial can adversely impact the outcome. A criminal sentence imposed after a plea is entered or a verdict is rendered can overexaggerate the offense. Fortunately, a person convicted of a crime is given a limited amount of time to appeal the conviction or sentence to correct an unjust result.
Knowledge And Experience Matter In A Criminal Appeal
Not all attorneys have the knowledge and experience to effectively handle a felony criminal appeal. The skill set required to review, research and prepare an appeal is quite different than what is necessary in the trial court. For instance, trial attorneys must make split-second decisions concerning whether to object to evidence. An appellate lawyer needs to have the skills to examine the minute details in the pretrial and trial records to identify errors that require re-examination in a higher court.
An effective felony appeals lawyer must have a strong command of criminal procedure and the law to recognize the kinds of mistakes that will support a compelling argument that the errors were unjust. An appellate brief must be persuasively written with a well-grounded basis in the law to show that an error likely changed the outcome of the case.
At Kershaw, Vititoe & Jedinak, PLC, in Monroe, Michigan, we take the law seriously. We have the legal knowledge, experience and ability to dissect every element in a trial record to determine what went wrong — including any improper action taken by your trial lawyer, unjust rulings by the judge or any potential misconduct committed by the jury. We handle the difficult post-conviction and appellate matters that other criminal lawyers are not equipped to address.
FAQs About Felony Appeals
When challenging a criminal conviction, understanding the appeals process helps defendants make informed decisions. Here are key answers about felony appeals:
What is a felony appeal and how does it differ from a trial?
A felony appeal reviews a criminal conviction or sentence for legal errors. While trials determine guilt or innocence through evidence, appeals examine legal mistakes in the trial proceedings. The appellate court reviews the trial record, legal arguments and procedural issues rather than rehearing testimony or considering new evidence.
What are common grounds for filing a felony appeal?
The foundation for a successful appeal often stems from significant errors that occurred during the original trial proceedings. These errors must have substantially affected the defendant’s rights or the case outcome:
● Improper admission or exclusion of evidence
● Incorrect pretrial rulings or jury instructions
● Inadequate legal representation
● Prosecutorial misconduct affecting the case
● Excessive or improper sentencing
● Constitutional violations in arrest, search or trial
Understanding these grounds helps defendants and their attorneys build compelling arguments for appeal, focusing on errors that demonstrably impacted the trial’s fairness or outcome.
What are the steps involved in the felony appeals process?
The path through appellate courts requires careful attention to both procedural requirements and substantive legal arguments. A successful appeal typically moves through these essential stages:
● Filing appeal notice within legal deadlines
● Reviewing the complete trial record
● Identifying strong legal issues
● Submitting appellate briefs with legal support
● Addressing prosecution arguments
● Presenting oral arguments if required
● Awaiting the court decision
Each stage demands thorough preparation and strategic legal analysis to present the most persuasive case possible before the appellate court.
Can new evidence be introduced during a felony appeal?
Direct appeals cannot include new evidence, as they review only the trial record. However, post-conviction proceedings like habeas corpus petitions may present new evidence if it was unavailable at trial or shows actual innocence. The evidence must be both newly discovered and significant enough to potentially change the outcome. This distinction helps defendants understand their options when new information surfaces after conviction and guides their choice between direct appeals and other post-conviction remedies.
Act Now To Protect Your Right To Appeal
If you or a loved one received an unfair conviction or the felony sentence imposed exaggerates the level of the offense, do not give up hope. Our Monroe County criminal appeals lawyer is here to help. Call 734-636-0960 or contact us online to arrange a consultation to learn more about your right to appeal. If you are an attorney, we gladly take referrals for all criminal, family and civil appeals.