What is the procedure for appealing a criminal sentence?

In South Carolina, a person sentenced for a criminal offense may appeal their sentence if they feel it was unjust or if it was based on incorrect legal information. The process of appealing a criminal sentence begins with a court filing called a Notice of Appeal. This document informs the court system that the defendant is appealing their sentence. The appeal process is then divided into two stages. The first is the appellate court stage. At this stage, the defendant’s legal counsel will present arguments as to why the sentence should be overturned or revised. This presentation is heard by a panel of judges or justices who then decide whether to uphold or deny the appeal. The second stage is the Supreme Court of South Carolina. The defendant’s lawyer will prepare a written statement, called a writ of certiorari, outlining their argument as to why the sentence should be overturned or revised and send a copy of this statement to the Supreme Court. The Supreme Court will then hear arguments from both sides and make a decision as to whether to overturn or affirm the sentence. If the sentence is affirmed, then the defendant must serve their sentence as originally handed down. If the sentence is overturned, then the defendant will either receive a lesser sentence or a new trial. It is important to note that the Supreme Court of South Carolina is the last court a criminal appeal can go to, so if the sentence is not overturned, then the defendant must serve their sentence as originally handed down.

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What is the procedure for appealing a criminal sentence?

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