How are appeals handled in criminal defense law?

When a conviction is handed down in a criminal case, a defendant may have the option of appealing the decision. In West Virginia, appeals are handled through the appellate courts. The appeals process begins when a defendant or their attorney files a notice of appeal. After that, the court of appeals reviews the trial record and briefs from both the prosecution and the defense to determine if errors were made in the original proceedings. The court of appeals acts as an arbiter, making sure the criminal justice system was applied correctly. If errors were made, the court of appeals can grant a new trial or reduce the sentence. Alternatively, the court of appeals can uphold the decision of the lower court if it determines that the original ruling was correct. In most cases, the defendant has no further options if the court of appeals upholds the ruling. However, if the defendant believes that the court made an error, they can ask the West Virginia Supreme Court to review the case. The appeals process can be lengthy and expensive. It can also be complicated, so most defendants hire experienced criminal defense attorneys to help them navigate the legal system. Attorneys can review the case and determine if an appeal is the best option.

Related FAQs

What is a motion to suppress evidence in criminal defense law?
What is the difference between a grand jury and a trial jury in criminal defense law?
What are the consequences of a criminal conviction?
How can an attorney present a defense strategy in a criminal trial?
What is the role of a prosecutor in a criminal defense case?
What are the rights of the accused in criminal court?
What is the difference between a plea bargain and a plea agreement in criminal defense law?
What is the right to remain silent in criminal defense law?
What are some strategies for preparing for a criminal defense case?
How much does a criminal defense lawyer cost?

How are appeals handled in criminal defense law?

Related FAQs

Related Blog Posts