Criminal law provides the foundation for our legal system. As society changes, new laws are introduced and old laws are updated or repealed. When a court finds that a law has been broken, someone needs to decide if they should be held accountable by way of criminal conviction, if their liberty should be restricted as far as imprisonment or if they can just walk away scot-free. This process is known as criminal appeals.
Who decides on an appeal?
There are two parties involved in any criminal trial. The first party is the prosecution who brings the case before the courts through their representative, usually known as the crown prosecutor or state attorney general whose job it is to prove beyond reasonable doubt that an accused person did in fact commit the crime they are being charged with. The second party is the defense who is there to protect the interests of the accused person.
Who can appeal?
First, this depends on if you are in a state or federal system because each has different laws when it comes to appeals. In state systems, an appeal can be brought by either side after conviction but before sentencing. One must prove that some new evidence has been found which was not available at trial and without this evidence would have probably changed the outcome of the case (this is known as ‘fresh and compelling’ evidence). An appeal cannot generally be brought after sentencing unless it relates to an error made by law during sentencing itself. In federal systems, only convicted persons may appeal, but this must be done within ten days of conviction. If the trial was before a jury, only questions of law may be brought up which relate to evidence presented at trial or how it was argued by counsel. If there was no jury, then any question of fact may be appealed on the basis that the verdict is unreasonable and cannot be supported on the evidence presented in court (this is known as ‘untenable’ verdict).
What happens if an appeal is successful?
The appellate court takes evidence from the trial and decides for themselves whether their should have been a different outcome. If they believe this to be the case, they may either acquit or re-sentence the convicted person depending on if their appeal was successful or unsuccessful respectively. If a convicted person wants to bring a second appeal after having their sentence overturned by an appellate court, then they need special leave from that same appellate court.
In conclusion, Criminal Lawyers Houston are brought when someone wants to have a fresh look at a conviction or sentence received as a result of being found guilty in criminal proceedings. This is usually because new evidence has come to light that was not previously available which might make the difference between guilt and innocence. There is no time limit on when this new evidence must come to light and it can be brought by either side after a conviction.
