Right to an Appeal

Right to 1st Appeal

After the trial is over and a sentence has been decided upon by the judge, it is every person’s right to appeal the conviction or the sentence. It is possible to appeal a case no matter what the sentence is. It is even possible to appeal a case where you made a guilty plea or plea bargain. Sometimes part of a plea bargain involves giving up your right to plea. If this happens, you may lose some of your power to appeal, however, there are still some things that can be reviewed by the appellate court.

Appeals are decided by the Court of Appeals, which consists of a panel of judges called ‘‘appellate judges’’. If you want to bring your case to an appeals court, you need a criminal defense lawyer that knows how to make a successful criminal appeal. Appeals and the Court of Appeals have different rules and customs than other courts. It is important than your criminal defense attorney is experienced in all aspects of criminal appeals.

Appeals must be made within 30 days after the date of the sentencing. To make an appeal, your criminal defense attorney will file a notice with the court clerk and the prosecutor’s office. If a notice is not given within the 30 days then special permission must be requested from the court by making a motion for an extension. This motion must be made within a year and thirty days after the day of sentencing. In order to successfully make this motion you must have a valid reason for not making the motion within the first 30 day time period or you may lose your right to appeal.

The Right to a criminal attorney at 1st appeal

The Sixth Amendment gives everyone the right to a criminal attorney during the criminal process; this right also extends to the 1st appeal. The right to a criminal lawyer at first appeal is largely due to the fact that everyone has the right to make a 1st appeal. If a defendant cannot afford a lawyer for their first appeal then they will be provided one by the courts, the same as they would be during a criminal trial. For most appeals after the first appeal, the defendant will have to hire their own criminal attorney. Even though a criminal lawyer can be provided for the first appeal, it is always a good idea to hire your own attorney because they will put much more time and effort into your case.