Receiving a guilty verdict must not be the end of the trail if you are sentenced within a lower court. You could request that an improved court review and change the decision of your lower court by filing an appeal. Appealing a conviction involves a unique set of rules which have been best handled by way of criminal defence lawyer. Sydney law offices offer full criminal defence services including attracts higher courts.
Here we are at filing appeal
Court rules strictly require that you just file your notice of appeal inside of a short period, only fourteen days if appealing inside the Magistrates court and not just more than three weeks if irresistible to a superior court, from the minute of sentencing or conviction. Timeliness of filing your notice of appeal is important as it can be denied as being filed away from time. This notice of appeal differs from the appellate brief that the criminal defence lawyer will prepare inside your behalf.
Questions of law
Appellate courts entertain only those appeals that raise questions of law or legal principles from the lower court’s verdict. In a appeal, the bigger court does not conduct a re-hearing in the facts from the case and will eventually focus on legal issues raised in the appeal brief. Since involves arguing legal principles, anyone wanting to appeal his case should immediately consult a criminal appellate lawyer for help in the appeal.
Different types of appeals
Appeals against conviction You’ll be able to appeal a conviction to your higher court according to the transcript on the proceedings that came about in the lower court. The appellate court generally will not entertain questions due to facts tried or heard in the lower court if you can’t prove exceptional circumstances exist to justify a re-hearing. After hearing your legal arguments, the appeal court may substitute the judgment of conviction through an acquittal or return so to the lower court for additional hearing.
Appeals against sentence You may also appeal a sentence of conviction to your higher court by citing grounds such as that the lower court committed a blunder in imposing a penalty that is obviously away from the range of penalties prescribed for that offence or the fact that judge did not consider some factor which may have entitled yourself to a lower penalty. As penalties for offences are fixed by law, a criminal lawyer is the foremost person to help you in arguing your appeal against a sentence.