What is the process for appealing a violent crime conviction?
In North Carolina, individuals convicted of a violent crime may appeal their guilty verdict in court. To initiate the appeal process, the individual must file an appeal (called a “Notice of Appeal”) within thirty days of the judgment being entered. This document must be filed with the clerk of the court where the conviction occurred. Along with the Notice of Appeal, the individual must also file an appellate bond or an affidavit of indigency. The bond amount is set by the trial court and it guarantees that the individual will pay any fines the appellate court may order if the conviction is upheld. Alternatively, an affidavit of indigency asks the appellate court to waive any fines if the conviction is upheld. The appellate court will review the case records including court transcripts and any evidence presented at trial. Additionally, the court may allow new evidence to be considered. The court may affirm the conviction, meaning it will stand, or it may reverse or modify the conviction and order a new trial or reduce the sentence. The appeals process can be lengthy and complex, so individuals should seek an experienced criminal defense attorney to guide them through the process. An attorney can help protect the individual’s rights, ensure their legal paperwork is completed correctly, and advocate for the best possible outcome.
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