Criminal Appeals and Briefs
Criminal Appeals Attorney ◊ Augusta, Georgia
An appeal is a request for some kind of relief from a higher court, such as the United States Court of Appeals or the United States Supreme Court. There are many types of appeals in criminal cases. Such appeals can include challenges to pretrial motions, claims that a trial was unfair, arguments that insufficient evidence shows the defendant’s guilt, or challenges to the sentence imposed by a judge. Furthermore, most jurisdictions have complicated “post-conviction” or habeas corpus proceedings, which take place after the first round of appeals is over.
We have a tremendous amount of experience writing criminal appeals for federal and state court. We have also had great success in writing post conviction relief motions when the appellate process fails. An appeal is the process by which a lower court decision is reviewed by a higher court. An appeal is a legal argument; the higher court determines whether the lower court erred in its application and interpretation of the law. A higher court will also examine whether the judgment of the lower court was proper in light of the evidence presented at trial. No new evidence is admitted in an appeal unless there are exceptional circumstances.
- An appellate brief is a legal motion filed by the parties containing case law and other various points of law in favor of their position.
- Usually, the losing party appeals the decision, in some cases, both parties appeal the part of the decision that is unfavorable to their position.
When examining an appeal, the higher court has four options that are mentioned below:
- A judgment is reversed when the higher court overturns the lower court decision.
- A judgment is remanded when the higher court sends a case back to the lower court for additional proceedings or further action.
- A judgment is affirmed when the higher court agrees with the lower court’s decision.
- A judgment may also be affirmed in part and reversed in part.