Achieving a guilty verdict must not be the end of the way if you are sentenced inside of a lower court. You may request that an increased court review change the decision of an lower court by filing an appeal. Appealing a conviction involves another type of set of rules which might be best handled by the criminal defence lawyer. Sydney attorneys offer full criminal defence services including lures in higher courts.
Here we are at filing appeal
Court rules strictly require for you to file your notice of appeal inside a short period, not more than fourteen days if appealing in the Magistrates court and not more than twenty one days if popular with a superior court, at the time of sentencing or conviction. Timeliness of filing your notice of appeal is necessary as it can be denied if you are filed outside of time. This notice of appeal is different from the appellate brief that your criminal defence lawyer will prepare in your behalf.
Questions of law
Appellate courts entertain the few appeals that raise questions of law or legal principles within the lower court’s verdict. In a appeal, the more expensive court will not conduct a re-hearing of the facts with the case and may focus on legal issues raised in the appeal brief. Simply because this involves arguing legal principles, anyone wanting to appeal his case should immediately consult a criminal appellate lawyer for assistance in the appeal.
Varieties of appeals
Appeals against conviction You could appeal a conviction towards a higher court by the transcript on the proceedings that developed in the lower court. The appellate court generally won’t entertain questions due to facts tried or heard inside the lower court unless you can prove exceptional circumstances exist to warrant a re-hearing. After hearing your legal arguments, the appeal court may substitute the judgment of conviction through an acquittal or return the case to the lower court for additional hearing.
Appeals against sentence You may as well appeal a sentence of conviction into a higher court by citing grounds such as that the lower court committed a misstep in imposing a penalty that is obviously outside of the range of penalties prescribed to the offence or how the judge still did not consider some factor which might have entitled one to a lower penalty. As penalties for offences are fixed legally, a criminal lawyer is the greatest person to help you in arguing your appeal against a sentence.
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