An appeal is something that is filed after the case is completed. It is saying that the court or the jury got the ruling wrong and therefore the case should be re-opened. At Trusted Prison Consultants appeals are one of things that we do most. Often people call us to help with their case but we realize that their current legal counsel has made a mistake or that they did not look into certain avenues that should have been looked at. We then explore the case with our team and brainstorm all aspects of the appeal.
Federal Court Appeals
Federal appeals need to be done within a certain time period after the conviction and this can vary depending on the circumstance. The first thing that is looked at is whether the judge followed the recommended plea or not. In Federal Court, it is much different than state court, where the judge does not need to follow the plea agreement. Unlike in State Court, in Federal Court, the plea is only a recommendation by the parties and the judge makes the final decision. However, if you look close enough there is usually a clause within a federal plea that notes that if the judge goes above the recommended sentencing guidelines, then case can go up for appeal. We often run into cases where 1) either a judge applied the law wrong or 2) the judge considered facts that were not supposed to be part of the record. We recently dealt with a case where the judge based the sentencing on a charge that had been dismissed earlier on in the case. The judge kept referring to the court and noted that this was the reason why they were giving such a harsh sentence. We were able to look over the transcript of the sentencing, review the documents and file a successful appeal in the case.
Any case that goes to trial has many more issues that can come up on appeal. Have you ever wondered why attorneys say “objection”? One of the reasons of course is to stop what is happening at that moment, but the other, is to reserve the right to an appeal on that issue. An objection during the trial lets you argue that point at a later time. In a criminal trial a lot of things can go wrong. Judges can make hundreds of rulings on evidence, testimony and jury instructions throughout the trial and each ruling can be analyzed and challenged to see if there was any error that would have changed the result of the trial.
State Court Appeals
State court appeals are much different than federal court due to the fact that each state has its own law. Trusted Prison Consultants breaks down some states on our site to better explain more about each one and the prisons in the area. State court appeals in California for example rely on certain laws and provisions. The best way to appeal a plea and or sentence is to attack the judges ruling on why he gave such a harsh sentence. Recently Trusted Prison Consultants reviewed a case in California where the individual got 12 years for a crime that he committed. Most people would have ended it at that and he would have been out in around 8. The family though asked us if that was the right amount of time he was supposed to get under the statute, so we looked into it. It turned out that the judge misapplied the law and sentenced this individual for double time on one count where he wasn’t legally allowed. We filed a motion that is called a “writ” got a new judge to reconsider it, and the motion was granted. A lot of other lawyers would have just said at that point “that’s the judges ruling, they got what they got” but to us we are always looking to see if there was anything wrong with the situation and if there is anything that could be done.
Trusted Prison Consultants Can Handle Your Criminal Appeal
Whether it’s in federal or in state court we can help with your appeal. We are a group of individuals that all work together to get you the best possible result. If you hire Trusted Prison Consultants you will get a group of trial lawyers, appellate lawyers, former government employees, investigators and mental health experts. Hire the team that can get you the result you deserve.