Chapin Appeals Lawyer

Receiving a guilty verdict in a criminal trial can be devastating, but a conviction does not have to be the final decision in a case. Under certain circumstances, it is possible to appeal a conviction or other court ruling. A Chapin appeals lawyer could review the details of your case and determine if there are grounds for appealing.

Filing an appeal is a request for a higher court to review the decision of a lower court. The process for filing an appeal can be complicated, but a skilled defense attorney who handles appeals could provide assistance and ensure all required forms and documents are filed with the appropriate court on time.

The Process for Filing an Appeal in Chapin

The process for filing an appeal in Chapin varies depending on the type of appeal. A Chapin appeals lawyer could explain the appellate process associated with each type of appeal. Types of appeals include:

  • Appeals from a magistrate’s court in criminal cases
  • Appeals to a circuit court (General Sessions or Common Pleas)
  • Appeals to the South Carolina Supreme Court or Court of Appeals

When appealing a criminal conviction, a written notice of the intent to appeal must be filed with the appropriate court. Failing to file the notice of appeal on time or not paying the filing fee in full can result in dismissal of the request for appeal.

At some point during the appeals process, a brief will also need to be filed detailing the legal grounds on which the lower court’s decision should be reversed. It is up to the appellate court reviewing the appeal to determine if the lower court’s ruling should be overturned or upheld.

Types of Cases That Can Be Appealed

It is possible to appeal a conviction or sentencing decision in criminal cases involving misdemeanor and felony offenses. However, not all convictions or sentencing decisions warrant an appeal.

Reasons for appealing a ruling in a criminal case include:

  • Errors of law occurred during the trial
  • A conviction violates either the state or United States Constitution
  • The sentence imposed exceeded the maximum punishment prescribed by state law
  • The defense lawyer did not provide adequate representation, which likely affected the outcome of the case
  • Errors of fact were made, or the law was applied incorrectly
  • Evidence that should have been suppressed due to police misconduct during the investigation was wrongly permitted at trial

A knowledgeable appellate lawyer in Chapin could review the details of a criminal case to determine if legal grounds exist for filing an appeal. If so, the lawyer could handle the process of appealing the court’s decision, from filing the notice of appeal to completing and submitting a legal brief explaining why the ruling of the lower court in the original case should be reversed or affirmed.

Work with a Chapin Attorney for Appeals

If mistakes were made during your criminal trial that potentially affected the outcome of your case, you could have valid legal grounds for appealing. The process of appealing can be complicated, so it is in your best interest to work with a Chapin appeals lawyer. A lawyer could ensure your appeal is filed correctly.

Another primary reason for working with an attorney is to ensure you have cited all the legal reasons why the original court’s ruling is incorrect or unjust. Contact an attorney who handles appellate cases in Chapin right away for assistance with your appeal.