What is the process for filing appeals in criminal defense cases?

In North Carolina the appeals process for criminal defense cases typically begins with a motion to the trial court. This motion is usually based on an issue of law or errors made during the trial. The motion will typically make arguments for why the trial court should reconsider its decision or reverse its decision. The defendant can then file an appeal with the North Carolina Court of Appeals. The defendant must include a written brief outlining the legal issues, evidence, and arguments for why the Court of Appeals should reverse the decision of the trial court. The Court of Appeals will then issue a decision either affirming or reversing the trial court’s decision. If the decision is affirmed, the defendant can further appeal to the North Carolina Supreme Court. In the Supreme Court appeal, the defendant must again include a written brief detailing legal issues and arguments for why the Supreme Court should reverse the decision. This is the defendant’s final appeal; the Supreme Court’s decision is final and cannot be appealed. Each step of the appeals process in criminal defense cases in North Carolina requires the defendant to present the legal issues in a written brief in order for the appellate court to consider the case. The Court of Appeals and Supreme Court have the power to reverse decisions made by the trial court. If the defendant is successful, the conviction may be overturned and the charges dismissed.

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