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

In South Carolina, appeals in criminal defense cases are handled through the South Carolina Court of Appeals. This is the state’s intermediate appellate court that processes appeals from the state’s trial courts. When a defendant wishes to file an appeal, they must take certain steps in order to do so. First, the defendant must obtain the proper forms from the South Carolina Appellate Court website. Once completed, they must file the forms and any other paperwork involved in the appeal with the Court of Appeals. Along with the paperwork, a filing fee must be paid. Once the paperwork and fee have been submitted, the defendant must file a brief. This document outlines the argument for their appeal and the evidence to support it. It must be filed within a set amount of time, usually about two weeks. The Court of Appeals will then review the brief and any evidence presented before making a decision on the appeal. If the decision is in favor of the defendant, the appeals court can overturn or modify the lower court decision or order a new trial. If the decision is against the defendant, the lower court decision will stand.

Related FAQs

How does a criminal defense lawyer defend a client?
What is the difference between a plea bargain and a plea agreement in criminal defense law?
Can a criminal defendant testify in his or her own defense?
What legal defenses are typically used in criminal defense cases?
What rights do witnesses have in criminal defense law?
How can an attorney challenge evidence in a criminal defense case?
How can an attorney cross-examine a witness in a criminal defense case?
What types of motions can be filed in a criminal defense case?
What are the constitutional rights of witnesses in criminal defense law?
What is criminal defense law?

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

Related FAQs

Related Blog Posts