When a defendant is convicted, his or her case is not necessarily over. An appeal may be a viable option to overturn the conviction. The purpose of an appeal is to review the trial court’s findings to determine if the laws and procedures were followed properly.
At the appellate level, the court does not retry the case. No new evidence is presented. Witnesses do not testify. Instead, the court will look to see if there were mistakes of law made. Often, appeals can be based on violations of constitutional rights. For example, the 6th amendment guarantees effective assistance of counsel. If an appellant is able to show that their lawyer’s performance fell below the applicable standard of care, and that ineffective performance was the cause of the outcome, the court will order a new trial.
As evidenced by the above example, winning an appeal does not guarantee that the conviction will be overturned. Judges at the appellate level typically take one of three actions: 1) vacate the conviction; 2) affirm the conviction; or 3) modify the conviction.
If you’ve been convicted of a crime and you feel that an appeal is a viable option, call the Champion Law Firm today to speak to an experienced attorney. Consultations are always free.
If you’re looking for a Los Angeles Appeal Attorney, contact us today.