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

In Washington, a criminal defendant has the right to file an appeal in a criminal case. This is a process in which the defendant can challenge a conviction or sentence that was issued in a lower court. The appellate court reviews the lower court’s decision and has the authority to uphold or overturn the decision. The appeals process begins with the filing of a Notice of Appeal. The Notice must be filed with the court within 30 days of the judgment or order being appealed. This Notice is served on the opposing party, such as the prosecutor. Once the Notice of Appeal is filed, the appellate court will issue a briefing schedule which includes a timeline for parties to submit written arguments or briefs to the court. The appellant, or the defendant, must then submit a brief to the appellate court. This brief serves as the appellant’s argument as to why the lower court’s decision should be overturned. Along with this brief, the appellant must also serve a copy of the brief to the opposing party. In response, the opposing party will submit their own brief laying out their arguments as to why the lower court’s decision should be upheld. After both briefs have been filed, the court will set a date for oral arguments. During this hearing, parties can present their arguments in court. At the conclusion of the arguments, the appellate court will issue a ruling which can uphold or reverse the decision. If the court reverses the decision, the matter then returns to the lower court for further proceedings.

Related FAQs

What is the role of a prosecutor in a criminal defense case?
What is plea bargaining in criminal defense law?
What is discovery in criminal defense cases?
What is the difference between a criminal defense lawyer and a private investigator?
What is Miranda warning in criminal defense law?
How much does a criminal defense lawyer cost?
What is the process for filing appeals in criminal defense cases?
How is the burden of proof determined in a criminal trial?
How is the outcome of a criminal case determined?
What is the role of a judge in a criminal defense case?

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

Related FAQs

Related Blog Posts