How to Appeal a Conviction

Contrary to what you may believe, a conviction is not necessarily the end of your case. If you think that your legal rights were abused, or that the trial violated court procedures, you may have grounds to appeal your case, which may result in an unfavorable verdict being overturned. If you’re interested in finding out more about how to appeal your conviction, contact the Boca Raton criminal defense attorneys of Eric N. Klein & Associates, P.A. by calling 561-353-2800.

Appealing

If you are convicted after your first trial, it is your legal right to appeal this conviction, which will be sent to a higher court, called an appellate court. Unlike the first court, which was about establishing whether or not you were guilty, the appellate court is more concerned about whether or not your legal rights and the procedures of the court were observed. They will review the case, and if they find that your rights have been violated, they may overturn the decision. The prosecution cannot appeal a not guilty verdict, as this would violate your rights to freedom from being tried twice for the same crime.

What the Appellate Court Examines

When the appellate court looks at the verdict from your first trial, it is looking for a “plain error;” that is, an error which seriously violated the rules of the courts. A small error which is ultimately irrelevant to the course of the trial is not enough to warrant an appeal. The court will look at transcripts from the first trial for any inconsistencies, and normally does not hear new testimony. A conviction can also be appealed if the evidence does not support the verdict, although this is more rare and harder to prove, since new testimony is not given.

Contact Us

If you would like more information on the appeals process, contact the Boca Raton criminal defense attorneys of Eric N. Klein & Associates, P.A. by calling 561-353-2800.