The appeals system is a vital part of the judicial system. People have the right to appeal their conviction or sentence on various grounds. If you think you have been wrongly convicted or your punishment is too harsh, then the Appeals Court can hear your case and make corrections if required.
There is no hiding from the fact that the process of making a criminal court appeal is complex and if you do not qualify for Legal Aid then it can also be expensive. For this reason you really do need a specialist appeals solicitor at your side and to consider all options carefully.
Why Do You Need a Solicitor for Making a Criminal Court Appeal?
Most of our members will be going through the court processes for the first time. The whole experience can be confusing and overwhelming. There are strict protocols and rules that must be followed and plenty of paperwork. Without proper guidance and knowledge of the system, you might not be prepared for the appeal process and have unrealistic expectations set. A specialist appeals solicitor will help you navigate through the complexity of the courts.
You can appeal against conviction or sentence.
If you have been convicted and you are not guilty you will appeal against conviction.
If you have been convicted and the punishment given by the judge was too harsh you can appeal against the sentence.
In addition to the above grounds you have an unlimited right to a new trial in a crown court if you were convicted in a magistrates court. In order to make such an appeal after conviction in a magistrates court you must apply within 21 days of conviction in the Magistrates (unless you have a very good reason for delay). This is vastly different to being convicted in a Crown Court as your right to appeal if convicted in Crown Court is only possible if your appeals fall into the limited grounds available of legal error or significant new evidence that could not have been produced at trial.
It could be that you are innocent so need to appeal against conviction. However, it may also be the case that the sentence was also too harsh for the convicted crime. In which case you would file an appeal against both.
There are strict rules and time limits on filing an appeal. These should have been explained to you by your defence barrister upon conviction. It is important to stay within these time limits and take good, prompt advice.
All processes must be carried out on time to ensure you get a fair hearing at the court. An experienced appeals solicitor will help you through the myriad of operations and provide timely guidance.
Have Experienced Lawyers By Your Side
In the absence of a solicitor, the appeal process could get tricky. You will have to respond to legal arguments made by the prosecutor. Your inability to understand the intricacies of the law could stretch the appeal process and might run the risk of not getting a fair hearing.
With an appeals solicitor by your side, especially those practising exclusively in crime and appeals, you could get the best help possible. Experienced solicitors are well aware of the types of appeals to be made, timelines, potential arguments that could arise and how to defend you best.
The criminal court appeal process can get daunting. With the help of qualified and experienced criminal appeal solicitors, you could get suitable legal representation in the court of law.