Basics of The Appeal Process
Convictions for sexual assault ordinarily permit for an appeal. Every jurisdiction across America is slightly different in how they handle appeals and the timelines required. Virtually every conviction for a felony sex crime conviction have some viable grounds for an appeal. That appeal covers any number of grounds from legal issues that occurred in the case to the factual determination of guilt. It is critical to act quickly after a sex crime conviction because the appeal clock is likely ticking.
When the appellate courts review your appeal, you may want to raise the question of whether the jury had enough evidence to find the individual guilty beyond a reasonable doubt. Many appeal courts will ordinarily refuse to question the factual determination made by a jury and only consider true legal questions. We have experienced tremendous success having the appellate courts overturn convictions because there wasn’t enough evidence to have found a person guilty, even though the jury found them guilty.
Appellate courts ordinarily are only available to review the legal rulings that took place throughout the case. This includes whether the judge allowed evidence that they shouldn’t have, or prohibited evidence that you should have been able to present to the jury. In either case, we can dig deep and see what the judge’s behavior was throughout the legal rulings and the way in which the case was handled to determine whether it was appropriate.
There are a number of other ways to attack the case, like questioning whether the Constitutional rights were violated, whether the prosecutors behaved appropriately, or whether they committed some degree of prosecutorial misconduct. Was there some sort of evidence that came to light after the trial, which should have been considered? If so, there should be a new trial. There are all sorts of grounds for an appeal after a conviction in a sexual assault case.
How is a Sex Crime Conviction Appealed?
Each criminal court across our country has at least two layers of appeal courts watching over them, and then the Supreme Court over them. Ordinarily, a state criminal case is appealed to that state’s first appellate division, and then to the state supreme court. Some states have two levels of appeals before their supreme court. In some cases, even though a case is tried in a state court, it may be more appropriate to bring appeals to the federal court system.
Your appellate path is part of your overall appellate strategy. Experience matters in this regard. Our attorneys have had their cases before the highest appellate courts, including the Supreme Court. Even our cases that were unjustly tried have later been overturned on appeal.
Are There Any Sex Crime Convictions That Can’t Ever Be Appealed?
The two biggest barriers to appeals for sex crimes are time and guilty plea. First, you have limited time to file an appeal. If that time passes, you may never have the chance again. Second, if you “took a deal” or plead guilty for whatever reason you may have given up important appeal opportunities.
In most sex crimes cases, if there is a conviction, there is going to be an automatic sentence which is severe enough to mandate an appeal opportunity. That’s when you need to get an appellate attorney who has exceptional experience on appeal because it is a very small industry. You need someone who knows the process inside and out.
