Birmingham Criminal Appeals Attorney
Experienced Defense For Criminal Appeals in Alabama
A conviction may feel like the end of the line, but you may still be able to overturn your sentence or ruling, or request a judge to reconsider a sentence. Those who were convicted of a crime have the option to appeal his or her case if a legal error was made in the trial, hearing, or order itself.
If you or a loved one was convicted of a crime and you believe an error was made, contact our experienced appellate lawyers to ask about your options.
At the Revill Law Firm we are passionate about protecting the rights and freedoms of our clients. Whether you’re facing a complex legal situation or a straightforward issue, our experienced team of Birmingham appellate lawyers can help.
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’ve been convicted and sentenced, you may appeal, or ask a higher court to review the previous court’s decision.
The higher court, (also called the appellate court), will review the record of the lower court, including:
- Transcripts
- Any admitted evidence
- And the recorded statements by the attorneys, judge, and witnesses
No new evidence is submitted to the appellate court, they will only review the record and briefs written by the lawyers. Briefs are the explanations given by both the appellant who is challenging the decision, and the appellee, who is defending the decision.
What Happens When the Trial Court's Decision is Challenged?
When the appellant decides to challenge the trial court’s decision, the appellant will write up a brief to explain why and how the decision was flawed. The opposing party will then write a responding brief to expound on why the decision was accurate and should be upheld.
Lastly, the appellant is allowed a final brief to respond to the appellee’s argument. In some cases, the appellate court will also hear the oral arguments of both sides.Understanding the Appeals Process: Your Path to Justice
Navigating the appeals process can be daunting, especially when emotions run high after a trial. At Revill Law Firm, we believe that knowledge is power. Understanding each step of the appeals process can help you feel more in control and prepared for what lies ahead.
Here’s a brief overview of the appeals process:
- Filing a Notice of Appeal: This is the first step, where you formally notify the court of your intention to appeal the decision.
- Preparing the Record: This involves compiling all relevant documents, transcripts, and evidence from the original trial for the appellate court’s review.
- Writing the Brief: Your attorney will draft a legal document outlining the arguments for why the trial court's decision should be reversed or modified.
- Oral Arguments: In some cases, your attorney may present your case before a panel of judges, highlighting key points from the brief.
- Awaiting the Decision: After reviewing the case, the appellate court will issue a written decision, which may uphold, reverse, or remand the case for further proceedings.
Each of these steps is critical, and having an experienced attorney by your side can significantly impact the outcome of your appeal. At Revill Law Firm, we guide you every step of the way, ensuring that your voice is heard and your rights are protected.
If you have questions about the appeals process or need assistance with your case, don’t hesitate to reach out. We are here to help you seek the justice you deserve.
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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State Appeals
Criminal Convictions or Juvenile Adjudications
All those tried in a state criminal court have a right to appeal through the Alabama Court of Criminal Appeals to the Alabama Supreme Court. The deadline for state appeals is strict, so notify the court of your intent to appeal as quickly as possible.
The Alabama state court allows appeals for:
- Felonies
- Misdemeanors
- Local ordinance violations
- Adjudications
- And post-conviction writs
Should the Court of Criminal Appeals deny an appeal, the appellant may petition the Supreme Court of Alabama. Any cases concerning federally protected rights may also be petitioned to the U.S. Supreme Court.
Petitions for Writ of Habeas Corpus, Writ of Mandamus, and Extraordinary Writs
Petitions to the appellate court to issue a writ or the trial court to issue a writ of habeas corpus are used in certain circumstances when, for instance, a trial court exceeds its discretion or an error has been made that allows for a writ to be issued.
These are narrow circumstances, but they are commonly used when:
- The trial court fails to give an incarcerated individual the correct jail credit
- An individual is immune from prosecution or being sued
- When a trial court refuses to transfer the case to the proper venue
- Or in other limited circumstances
These are appealable to the Alabama Supreme Court and if they concern a federally protected right may also be petitioned to the U.S. Supreme Court.