Birmingham Criminal Appeals Attorney
Experienced Defense For Criminal Appeals in Alabama
A conviction may feel like the end of the line, but you may still be able to overturn your sentence or ruling, or request a judge to reconsider a sentence. Those who were convicted of a crime have the option to appeal their case if a legal error was made in the trial, hearing, or order itself.
If you or a loved one was convicted of a crime and you believe an error was made, contact our experienced appellate lawyers to ask about your options.
At the Revill Law Firm we are passionate about protecting the rights and freedoms of our clients. Whether you’re facing a complex legal case or a straightforward issue, our experienced team of Birmingham appellate lawyers can help.
Reach out to our firm today for a free consultation with our experienced Birmingham criminal appeals lawyer! Contact us online or call our office at (205) 928-6544.
What is an Appeal?
After you’ve been convicted and sentenced, you may appeal, or ask a higher court to review the previous court’s decision.
The higher court, (also called the appellate court), will review the record of the lower court, including:
- Transcripts
- Any admitted evidence
- And the recorded statements by the attorneys, judge, and witnesses
Common reasons for a criminal appeal in Alabama include:
- Legal Errors: Mistakes in applying the law, such as improper jury instructions, incorrect rulings on evidence admissibility, or misinterpretation of legal principles.
- Ineffective Assistance of Counsel: If the defense attorney provided inadequate representation, resulting in a prejudiced outcome.
- Prosecutorial Misconduct: Unethical behavior by the prosecutor, such as withholding evidence, making improper arguments, or influencing the jury unfairly.
- Judicial Misconduct: If the judge exhibited bias, allowed improper procedures, or otherwise compromised the defendant's right to a fair trial.
- Insufficient Evidence: Arguing that the evidence presented at trial was insufficient to justify the conviction.
- Newly Discovered Evidence: If new, credible evidence emerges that could significantly impact the verdict.
- Constitutional Violations: Any violation of the defendant's constitutional rights, such as illegal search and seizure or denial of due process.
- Sentencing Errors: Mistakes in calculating or imposing the defendant’s sentence under Alabama law.
No new evidence is submitted to the appellate court, which will only review the record and briefs written by the lawyers. Briefs are the explanations given by both the appellant who is challenging the decision, and the appellee, who is defending the decision.
One of the critical aspects of an appeal is identifying the legal errors that occurred during the trial. These errors might include improper instructions given to the jury, exclusion of crucial evidence, or inadequate representation by the defense attorney. Recognizing and articulating these errors effectively in an appeal is essential to creating a compelling argument for overturning the decision.
What Happens When the Trial Court's Decision is Challenged?
When the appellant decides to challenge the trial court’s decision, the appellant will write up a brief to explain why and how the decision was flawed. The opposing party will then write a responding brief to expound on why the decision was accurate and should be upheld.
During the appeals process, it's important to understand that the appellate court does not conduct a retrial of the case. Instead, it focuses on determining whether legal errors were made in the original trial that significantly affected the outcome. It involves a comprehensive review of the trial court's actions and decisions, requiring the appellate lawyer to have a thorough understanding of legal precedents and efficient presentation skills to persuade the appellate judges.
Lastly, the appellant is allowed a final brief to respond to the appellee’s argument. In some cases, the appellate court will also hear oral arguments from both sides. Understanding the Appeals Process: Your Path to Justice
Navigating the appeals process can be daunting, especially when emotions run high after a trial. At Revill Law Firm, we believe that knowledge is power. Understanding each step of the appeals process can help you feel more in control and prepared for what lies ahead.
Here’s a brief overview of the appeals process:
- Filing a Notice of Appeal: This is the first step, where you formally notify the court of your intention to appeal the decision.
- Preparing the Record: This involves compiling all relevant documents, transcripts, and evidence from the original trial for the appellate court’s review.
- Writing the Brief: Your attorney will draft a legal document outlining the arguments for why the trial court’s decision should be reversed or modified.
- Oral Arguments: In some cases, your attorney may present your case before a panel of judges, highlighting key points from the brief.
- Awaiting the Decision: After reviewing the case, the appellate court will issue a written decision, which may uphold, reverse, or remand the case for further proceedings.
Each of these steps is critical, and having an experienced attorney by your side can significantly impact the outcome of your appeal. At Revill Law Firm, we guide you every step of the way, ensuring that your voice is heard and your rights are protected.
If you have questions about the appeals process or need assistance with your case, don’t hesitate to reach out. We are here to help you seek the justice you deserve.
Contact us online or call our office at (205) 928-6544. today to speak with our experienced Birmingham criminal appeals attorneys.
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State Appeals & How They Work
Criminal Convictions or Juvenile Adjudications
All those tried in a state criminal court have a right to appeal through the Alabama Court of Criminal Appeals to the Alabama Supreme Court. The deadline for state appeals is strict, so notify the court of your intent to appeal as quickly as possible.
The Alabama state court allows appeals for:
- Felonies
- Misdemeanors
- Local ordinance violations
- Adjudications
- And post-conviction writs
Should the Court of Criminal Appeals deny an appeal, the appellant may petition the Supreme Court of Alabama. Any cases concerning federally protected rights may also be petitioned to the U.S. Supreme Court.
It's crucial for appellants to adhere to the specific procedural requirements and deadlines set by the Alabama court system. This ensures their appeal is considered valid and avoids dismissal due to technicalities. Additionally, understanding the hierarchy and function of these courts is vital, as it affects both the strategy and potential outcomes of the appeal process.
Petitions for Writ of Habeas Corpus, Writ of Mandamus, & Extraordinary Writs
Petitions to the appellate court to issue a writ or the trial court to issue a writ of habeas corpus are used in certain circumstances when, for instance, a trial court exceeds its discretion or an error has been made that allows for a writ to be issued.
These are narrow circumstances, but they are commonly used when:
- The trial court fails to give an incarcerated individual the correct jail credit
- An individual is immune from prosecution or being sued
- When a trial court refuses to transfer the case to the proper venue
- Or in other limited circumstances
These are appealable to the Alabama Supreme Court and if they concern a federally protected right may also be petitioned to the U.S. Supreme Court.
Petitions for writs are distinct from standard appeals. They often address continuing or remedial issues that arise, potentially even after an appeal concludes. This unique aspect of writs requires skilled legal interpretation to ensure that petitions are appropriately framed to highlight errors or oversights that would lead to substantial injustice if uncorrected.