Irmo Appeals Lawyer

A criminal conviction could have devastating consequences such as significant jail time and hefty fines. Fortunately, those who have been convicted for a criminal offense may be eligible to appeal their conviction and sentence.

If you have been convicted of a crime, you may be able to appeal the court’s decision depending on the facts of your case. But determining how to appeal a decision may be difficult without legal help. An Irmo appeals lawyer could advocate on your behalf and help you seek a favorable outcome. An attorney could review the facts of the case and determine if there may be grounds for an appeal. A skilled criminal defense attorney could manage your case and help you navigate the obstacles of the criminal justice system.

The Right to Appeal

If a defendant is found guilty, an attorney may file an appeal with a higher court in order to challenge the lower court’s decision.

Absolute Right to Appeal vs. Permissive Right

Depending on the conviction in the trial court, the defendant either has an absolute right to appeal the conviction or a permissive right. If the defendant enters a guilty plea resulting in a conviction, they do not have an absolute right to appeal the trial court’s decision. Their appeal must be granted permission to be heard by the higher appellate court.

However, in cases where the defendant is convicted by a judge or jury, they have an absolute right to appeal their conviction. Defendants facing the death penalty also have an automatic right to appeal their case.

Filing an Appeal in Irmo

An appeal could be filed in South Carolina in a few different ways. An appeals lawyer in Irmo could file the appeal, asking to reverse the lower court and remand for a new trial or re-sentencing. The defendant could also file a motion for a new trial, asking the judge to set aside the verdict, declaring a mistrial. Lastly, the defendant could appeal the trial court’s decision to an appellate court. Potential grounds for an appeal might include a legal error on the part of the trial court, juror misconduct, or ineffective assistance of counsel, the latter being an infringement of the defendant’s Sixth Amendment rights.

According to South Carolina Code §17-27-45, those applying for a post-conviction appeal must file it within one year after the judgment of conviction is entered, or within one year of filing the final decision upon the appeal. Failing to file the appeal within the one-year time limit would result in losing the right to bring an appeal. Speak to a well-practiced Irmo appeals attorney could help an individual file their appeal properly and within the deadline.

Consider Contacting an Irmo Appeal Attorney Today 

Seeking an appeal is not always a simple matter. There could be certain legal barriers and prerequisites that preclude you from getting your appeal through to the next stages.

An Irmo appeal lawyer could examine your case and help change the outcome of a conviction. Call today to schedule a consultation to discuss your case and legal options.