Birmingham Criminal Appeals Attorney
Experienced Defense For Criminal Appeals in Alabama
A conviction often feels overwhelming, but you may still have a path to overturn your sentence or seek a different outcome, or ask a judge to reconsider a sentence. Anyone convicted of a crime has the right to appeal if a legal error occurred in the trial, hearing, or order.
If you or a loved one faces a conviction and you believe an error occurred, reach out to our experienced appellate lawyers to discuss your options.
At the Revill Law Firm, we focus on safeguarding clients' rights and freedoms. Whether you face a complex legal matter or a straightforward issue, our experienced team of Birmingham appellate lawyers can support your appeal.
Reach out to our firm today for a free consultation with our experienced Birmingham criminal appeals lawyer! Contact us online or call our office at (205) 928-6544.
What is an Appeal?
After you receive a conviction and sentence, you may appeal to a higher court to review the decision made by the lower court.
The higher court, sometimes called the appellate court, reviews the lower court's record, including:
- Transcripts
- All admitted evidence
- The official statements of attorneys, judge, and witnesses
Common reasons for a criminal appeal in Alabama include:
- Legal errors: Errors in applying the law, such as improper jury instructions, incorrect rulings on evidence, or misinterpretation of legal principles.
- Ineffective assistance of counsel: If the defense attorney gave inadequate representation, causing an unfair outcome.
- Prosecutorial misconduct: Unethical conduct by the prosecutor, such as withholding evidence, making improper arguments, or swaying the jury unfairly.
- Judicial misconduct: If the judge showed bias, allowed improper procedure, or compromised the right to a fair trial.
- Insufficient evidence: Presenting the argument that the evidence at trial did not support the conviction.
- Newly discovered evidence: If new, credible evidence emerges that could affect the case outcome.
- Constitutional violations: Violations of constitutional rights, such as illegal searches, seizures, or denial of due process.
- Sentencing errors: Mistakes in how the court calculated or imposed the sentence under Alabama law.
The appellate court does not review new evidence. Instead, it examines the trial record and the written briefs from both the appellant and the appellee. Briefs are the written explanations by the person appealing (the appellant) and the party defending the decision (the appellee).
A strong appeal focuses on pinpointing the legal errors that happened during the trial. These can include improper jury instructions, exclusion of important evidence, or ineffective legal representation. Identifying these issues and framing them thoughtfully is essential to building a persuasive argument for overturning a conviction.
What Happens When the Trial Court's Decision Is Challenged?
The appellant files a brief explaining why and how the trial court made mistakes. The opposing side then submits a responding brief explaining why the decision should stand.
During the appeals process, appellate courts do not conduct a new trial. Instead, they determine whether the lower court made significant legal errors that affected the outcome. The process requires careful review of the lower court’s actions and strong understanding of legal precedent, as well as the ability to communicate these issues to appellate judges.
The appellant receives a final chance to reply to the appellee's arguments in a closing brief. Some appeals also include oral arguments, where both sides have a chance to present their case directly to the appellate judges.
Navigating the appeals process can feel daunting. At Revill Law Firm, we believe information empowers you to make better decisions. Knowing each step of the appeals process gives you the tools to move forward with confidence.
Here is a simplified overview of the appeals process:
- Filing a Notice of Appeal: You formally notify the court of your intent to appeal the decision.
- Preparing the Record: This step involves gathering all relevant documents, transcripts, and evidence from the original trial for review.
- Writing the Brief: Your appeals attorney drafts a document outlining why the trial court’s decision should be changed.
- Oral Arguments: In some cases, your lawyer presents the key points of your appeal to a panel of judges.
- Awaiting the Decision: The appellate court issues a written decision which may uphold, reverse, or remand the case for further proceedings.
Each step requires precision and legal insight. Working with an experienced appeals attorney ensures every aspect of your appeal receives careful attention. The Revill Law Firm supports you at every stage, ensuring your voice is heard and your rights are protected.
If you have questions about the appeals process or want help with your case, contact us. We are ready to assist you in pursuing justice.
How Do State Appeals Work in Alabama?
All people tried in an Alabama state criminal court have the right to appeal through the Alabama Court of Criminal Appeals and, if necessary, the Alabama Supreme Court. State appeals have strict deadlines, so notify the court about your intent to appeal as soon as possible.
The Alabama state court allows appeals for:
- Felonies
- Misdemeanors
- Local ordinance violations
- Juvenile adjudications
- Post-conviction writs
If the Alabama Court of Criminal Appeals denies your appeal, you can petition the Supreme Court of Alabama for review. Cases involving federally protected rights may also be taken to the U.S. Supreme Court.
Appellants must follow Alabama courts' procedural steps and strict deadlines. Failing to meet even one requirement can cause the court to dismiss the appeal. Understanding how Alabama’s courts work is essential because strategy and outcomes depend on each step taken and which court will review the case.
Contact us online or call our office at (205) 928-6544. today to speak with our experienced Birmingham criminal appeals attorneys.
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What Are the Appeal and Post-Conviction Relief Options in Alabama and Federal Courts?
Federal Appeals in Alabama
For cases tried in federal court, the party who was unsuccessful at the trial level can petition the 11th U.S. Circuit Court of Appeals to have the decision overturned. If the 11th Circuit denies an appeal, the next option is to petition the U.S. Supreme Court for an appeal.
Like with state appeals, federal appeals are on a strict deadline and must be petitioned rapidly following the final decision of the case. To make the most out of the federal appeals process it is important to have skilled appellate attorneys admitted to the 11th Circuit on your side.
Federal appellate practice entails rigorous adherence to the Federal Rules of Appellate Procedure. These rules govern everything from the formatting of briefs to the timing of disclosures, making attention to detail paramount in achieving a favorable appellate outcome. Appellants must also navigate potential jurisdictional challenges unique to federal cases.
Rule 32 Petitions
If you’ve exhausted all available options for a direct appeal in a criminal case, you can still file a petition under Rule 32.
Generally, under Rule 32 of the Alabama Rules of Criminal Procedure, a person may receive post-conviction relief from a conviction when any of the following are true:
- Constitutional errors or violations require a new trial or new sentencing
- The trial court did not have proper jurisdiction over the case
- The sentence exceeded the maximum sentence
- The defendant is being held after his or her sentence has expired
- New evidence or facts have been found
Rule 32 petitions serve an essential function in post-conviction relief by addressing new evidence or significant legal changes that occurred after the original trial. They require careful documentation and presentation of new facts or errors not previously considered, which may dramatically affect the final outcome for the petitioner.
Filing a Rule 32 Successfully
Filing a Rule 32 petition requires careful attention to detail. You must file in the same court where your original conviction occurred and comply with Alabama’s strict time limits.
Failure to meet procedural rules can cause a petition to be dismissed. Knowledge of Jefferson County and Birmingham court procedures helps ensure your petition follows all local requirements and reaches the correct judicial review stage efficiently.
Habeas Corpus Petitions
After exhausting all state or federal appellate remedies, defendants may seek habeas corpus relief in federal court to challenge unlawful detentions. There are two main types:
§ 2254 Habeas Corpus Petition
- Filed in federal court after a state conviction has gone through state post-conviction review (such as a Rule 32 petition).
- Challenges constitutional errors in state trials or sentences.
§ 2255 Habeas Corpus Petition
- Filed after completing the federal appeals process.
- Targets constitutional or jurisdictional errors from a federal conviction or sentence.
Both require extensive legal and factual analysis. Skilled appellate counsel can ensure your petition is properly filed and supported by the strongest available grounds.
Petitions for Writs of Habeas Corpus, Mandamus, and Other Extraordinary Writs
In some situations, Alabama courts hear extraordinary writs—special petitions used to correct major procedural errors or actions beyond a trial court’s authority. These petitions address ongoing issues not resolved through direct appeal, such as:
- Failure to award correct jail credit
- A court refusing to transfer a case to the proper venue
- A defendant entitled to immunity from prosecution or suit
- Other exceptional circumstances requiring immediate correction
Petitions for writs are distinct from standard appeals because they deal with continuing or procedural problems that arise during or after a case. If denied, these writ decisions may be appealed to the Alabama Supreme Court and, in federal matters, potentially to the U.S. Supreme Court.