Appeals Process for Wrongful Convictions

Defendants have the rights to appeal their cases in state courts as well as in the federal court post criminal conviction. Nevertheless, there are certain criteria that must be satisfied to proceed with the appeal process. For a successful appeal in cases of wrongful conviction, the judges must reject whatever verdict has been made or completely dismiss the case. Once this has been made, the state shall decide if retrial will be required.

This information has been provided as a reference only, provided on behalf of Helmer, Paul, Conley & Kasselman, P.A.

The Criminal Court System

The criminal court system in some states has three levels:

1. Trial court. Here, the defendant is judged as guilty or not guilty. In this stage, the role of the defendant’s lawyer is to object and take note of occurrences of unfair trial. The notations that have been made will establish a foundation should an appeal be filed.
2. First Court of Appeals. In this level, all criminal convictions will be accepted. A panel of judges will hear the arguments from the state and the defendant. A jury, evidence, and a witness will not be presented here. The objective is for them to judge with basis on law and determine if an unfair trial indeed occurred.
3. Supreme Court. When the First Court of Appeals affirms the conviction from the trial court, the defendant has the right to appeal to the Supreme Court. In contrast to the First Court of Appeals, the state justices on the Supreme Court can reject the case. In the circumstance that the hearing occurs, the Supreme Court has the final ruling.

The Federal Criminal Court System

Like the criminal court system, the federal court system has the same levels with the same functions as far as the appeals process is concerned. After the defendant has been convicted in a state court, the case can be appealed to the federal court if there are particular federal issues that were brought up during the trial. Case in point, when a defendant’s party can establish that there was a violation of the defendant’s civil rights in court, then a retrial can occur. If not, defendant should refer to the state court system.

The information presented in this document is merely intended for educating the reader; for further information, contact an attorney who specializes in Criminal Law.