A conviction is the act of a judge or jury determining that an individual committed a crime. The conviction is accompanied by a sentence, which determines the punishment the convicted person will receive. This punishment may be as minor as probation, fines, community service or the loss of certain personal rights like voting, obtaining professional licenses, owning firearms, serving in the military or traveling to other countries. The most serious sentences are incarceration and the death penalty in capital murder cases.
An Appeal is a legal process that can reverse or overturn a conviction, sending the case back for further proceedings. An appeal examines the trial court’s decisions based on written arguments and, in some cases, oral presentations from attorneys. Appeals are complex and involve detailed analysis of case law and legal precedent.
If you want to appeal your conviction, you must file a Notice of Appeal within thirty (30) days from the date of your sentencing. Your attorney can help you decide whether to Appeal or not and, if so, how to proceed.
The first step is to gather evidence to support your claims of wrongful conviction. This includes police reports, witness statements, transcripts of testimony and any other relevant documents. Your attorney will then prepare a document called the Appellant’s Opening Brief. This will summarize the history of your case and will make arguments about why the outcome of your trial was unfavorable. The Prosecution will then prepare a Respondent’s Brief which will counter your arguments.