If you have been convicted, then you automatically qualify to file an appeal. You, however, must understand that the window for appealing is limited and you should begin the due process as soon as you can. The petition you file will be considered in about 6-9 months, although more time may be required if your case is a complex one.
There are different potential outcomes of filing an appeal. The courts may choose to uphold your sentencing in case they do not find any errors that need to be reversed. If you are still not satisfied with their judgment, you can forward your case to the Supreme Court. Then again, a conviction can be reversed if new evidence that works in your favor is discovered or the old evidence that was used to convict you is termed inadmissible.
Your situation is not as hopeless as it may seem and it pays to consult with a skilled expert before you give up on attempting an appeal. The criminal law systems are complicated and you should not underestimate the importance of hiring an attorney to represent you. The right expert will enhance your odds of getting an outcome that is worth writing home about.
Unfortunately, your petition will not be considered overnight. The process involved can be lengthy and merely preparing the needed records for the courts can take a year or so. Additionally, the appellate courts will require more time to determine whether your case needs reviewing or not. Usually, one cannot appeal if he or she entered a guilty plea.
Withdrawing a guilty plea is in most cases not possible. In very rare circumstances do the courts allow a convict to seek a plea withdrawal on appeal. For example, the courts may decide to hear you out, if you claim that your lawyer offered improper advice. In this case, your best chance of getting a desirable outcome is to work with a skilled attorney.
The right professional can provide invaluable assistance during the process of filing an appeal. The expert will create legal arguments that can sway the opinion of the judges. Moreover, you will get help handling the needful paperwork and a lawyer will ascertain that all court protocols are respected.
You should do some detective work in order to find a reliable appeals attorney. You need someone who can dedicate him or herself to your case and to ensuring the best possible outcome is achieved. To be on the safe side, consider the track records of potential criminal appeals attorneys and also find out how long they have been in practice.
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