Denton Criminal Attorney

Understanding How Appeals Work

An appeal is a process where one party from a case tried in a lower court can request that a higher court, often known as an appellate court, review and change the decision of the lower court. In other words, if either the defense or the prosecution is unhappy with the decision made by a court or believes that the court has made a serious legal or procedural error, they may have the option to ask a superior court to look at the case and change the ruling. In some ways it is like getting a “second opinion” from a doctor. The main difference is that the decision of the second court overrules the decision of the first.

For example, the defendant in a criminal trial has the option to appeal the verdict if they are convicted. If the appellate court agrees with the defendant’s appeal, they have the power to reverse the verdict. The prosecution, on the other hand, is more limited. Prosecutors cannot file an appeal if the defendant is found not guilty at trial. Doing so would violate the double jeopardy clause of the Fifth Amendment by putting a defendant on trial a second time for the same crime and using the same evidence.

Another type of appeal is called the “interlocutory appeal.” Interlocutory appeals are appeals which take place before or during a trial. For example, a judge’s rulings on what is admissible evidence or testimony may be appealed during the trial.

So how do appeals work? What does an appellate court take into consideration when deciding whether to change a lower court’s decision or leave it as is? Two main things:

First, the appeals court will consider whether the lower court made a serious legal error, or “plain error.” If the lower court made a mistake that infringes upon the defendant’s substantial rights, there may be grounds for a reversal of a guilty verdict.

Secondly, the appeals court may consider whether the evidence truly supports the verdict. Although this is a valid basis for appealing a ruling, it is a difficult case to prove. Appeals courts make their judgements after the fact. That is, they usually review the written transcripts of court proceedings but very rarely hear actual testimony or see actual presentation of evidence. Because their ability to judge the significance of evidence is severely limited, appellate courts will usually assume that the lower court was justified in its assessment of evidence. Only in very extreme cases does an appeal on these grounds actually succeed.

In considering an appeal, the appellate court will only take into account factors which are likely to have had a significant impact upon the final decision. Small errors, or “harmless errors,” are those deemed to be basically irrelevant to how the trial turned out and will be disregarded by an appellate court.

The legal process is long and complicated and does not always end after the first trial. Having reliable legal representation is a must if you want to win your case. If you have been accused of a crime, call an experienced Denton criminal attorney from Alexander & Associates at 972-420-6560 today.