Charleston Appeals Lawyer

Investigators, prosecutors, judges, and attorneys often make mistakes or misinterpret laws during criminal trials. If those mistakes affect the fairness of a trial, the defendant can file an appeal and seek reversal of improper convictions.

If you believe that your criminal conviction was the result of some error at your trial, do not hesitate to contact a Charleston appeal lawyer. Our defense attorneys are here to help. You only have 10 days after a trial court issues its sentence to file a Notice of Appeal. That Notice then begins a process that will require a detailed analysis of everything that occurred before and during the trial that preceded your conviction.

What Are the Critical Aspects of a Criminal Appeal?

Your Charleston attorney does not introduce any new evidence or elicit testimony from any additional witnesses during your appeal. An appeal is not a new trial but is instead a comprehensive review of the trial transcript and record. Your lawyer may argue that mistakes at your trial justify reversal of a guilty verdict.

Some mistakes that your attorney might emphasize include:

• Evidence was collected in violation of your Constitutional rights, or admission of certain types of evidence at your trial that are more prejudicial than probative (prior convictions for unrelated matters)
• The evidence against you, when viewed as a whole, is insufficient to show that you committed the acts as charged
• The judge failed to issue proper jury instructions or gave instructions that were inconsistent with the evidence, or that confused the jury
• The prosecutor committed misconduct with improper arguments or by withholding critical exonerating evidence
• Your trial attorney provided inadequate assistance as a result of failing to make certain objections, not fully investigating your case, or incorrectly advising you of the consequences of accepting plea offers or testifying in your own defense

Your lawyer determines the best appeal strategy only after thoroughly reviewing the entire trial transcript. Retain an attorney promptly to get the best benefit from a thorough review.

How Might an Appellate Court Respond to an Appeal?

If an appellate court in Charleston rejects or disagrees with your appeals lawyer’s arguments, it will affirm your convictions and sentences. Alternatively, if your lawyer convinces the court that your trial was affected by material errors of fact or law, it can:

• Completely reverse your conviction
• Remand the case for additional action by the trial court to address sentencing errors, or even to conduct an entirely new trial
• Affirm convictions, but modify sentences that are inconsistent with sentencing guidelines or that fail to account for convictions that should have been merged for sentencing purposes

In the first instance, most criminal convictions are appealed to the South Carolina Court of Appeals, which has jurisdiction over almost all intermediate appeals. The South Carolina Supreme Court has original jurisdiction over appeals to murder convictions where the trial court rendered a sentence of death. Convictions that the appellate court affirms can be further appealed to the Supreme Court, but that Court can decline to accept those appeals.

Call a Charleston Attorney for Help Appealing a Conviction

You have limited time and opportunity to retain a Charleston appeals lawyer after your criminal conviction. Call South Carolina Criminal Law without delay for help filing your Notice of Appeal and reviewing your trial record to identify all available appealable errors.