Can I appeal an acquittal of criminal charges?
Yes, you can appeal an acquittal of criminal charges in South Carolina. The South Carolina Appellate Court maintains jurisdiction to consider appeals from acquittals of criminal charges. While an acquittal is a verdict of not guilty, it does not always mean that the charges have been dismissed. South Carolina law allows for an appeal of an acquittal of criminal charges if one of the following conditions is met: the prosecution can show that the acquittal was based on errors of law, the acquittal was against the weight of the evidence, or the acquittal was based on evidence that had no reasonable basis to support it. Before an appeal can be filed, however, the appellant must petition the circuit court for leave to appeal. This is essentially a formal request to the court to allow the proposed appeal to move forward. If the circuit court grants the petition for leave to appeal, the appellant may proceed to the South Carolina Appellate Court and present the arguments in support of their appeal. It is important to keep in mind that the burden of proof for an appeal of an acquittal is much higher than that of an original criminal trial. The prosecution must prove that the acquittal was based on errors of law, the acquittal was against the weight of the evidence, or the acquittal was based on evidence that had no reasonable basis to support it. If the prosecution is unable to meet this burden of proof, the appeal will likely be dismissed.
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