Working through the processes of resolving a criminal case, only to have it result in an unfavorable verdict or be negatively impacted by the misconduct of a judge, jury, or lawyer, is extremely disappointing. However, the legal system has a method for combating these situations: Appeals. Appeals allow criminal cases to be tried again under certain circumstances. An appeal can result in a more favorable verdict for the person accused of a crime, and can correct the effects of misconduct in the courtroom.
The Law Office of Kelli Y. Allen, PLLC can represent you if you would like to appeal a previous criminal case decision. We can advise you on if you are eligible for appeal, help you build your case, and guide you through the legal processes.
To contact our firm and speak with our criminal case appeal lawyers in Charlotte, send us a message or call (704) 870-0340.
What is an Appeal?
A person who has been charged with a crime can appeal a case in an attempt to have their sentence rescinded or reduced. A person may appeal a case because they were not satisfied with the way their original case turned out, or because an error was committed during the original case that renders the decision invalid.
Grounds for Appealing a Criminal Case
People who have been convicted of crimes can build a case that shows the decision to convict them was invalid, and present that case to an appellate court. It must be proven that any errors presented in the appellate case directly impacted the outcome.
Potential grounds for appealing a criminal case may include:
- Evidence errors, including insufficient evidence
- Ineffective representation
- Misconduct by a judge or jury
Options for Appeal
If you are convicted of a criminal offense in NC, there are many options for appeal.
The Law Office of Kelli Y. Allen, PLLC can provide a case analysis and offer options and reasonable expectations for the following appeals:
- Appeal to Superior Court — If your case was originally heard in District Court and you are unhappy with the result, you have an automatic right of appeal to the Superior Court. In Superior Court, your case is heard “de novo” meaning new. You do not have to prove that the judge made any error in your case in District Court. Rather, you merely get a “do-over”, a chance to try your case all over again before a judge or jury in Superior Court.
- North Carolina Court of Appeals — If you are convicted in any Superior Court in N.C. and are unhappy with the result, you have the option of appealing to the N.C. Court of Appeals. There are varying standards of review but generally, you must be able to prove that there was some “reversible error” i.e. legal reason why you deserve a new trial.
- North Carolina Supreme Court — After appealing to the N.C. Court of Appeals, you have the option of appealing your conviction to the N.C. Supreme Court.
- 4th Circuit Court of Appeals — If your conviction occurred in any federal district court in NC and are unhappy with the result, you have the option of appealing to the 4th Circuit Court of Appeals. There are varying standards of review but generally, you must be able to prove that there was some “reversible error” i.e. legal reason why you deserve a new trial.
Call to Learn How We Can Help with Your Case
If you are considering pursuing an appeal, contact the Law Office of Kelli Y. Allen, PLLC today. We can help you pursue a fair and just verdict.
Contact us online or call (704) 870-0340 for a consultation with our criminal case appeal attorneys in Charlotte, NC.
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