subject: Understanding the Appellate Procedure Basics [print this page] Understanding the Appellate Procedure Basics
When a criminal case goes against you, what do you do? You have one option you can prepare to file an appeal. However, only a good lawyer would be able to assess whether you have adequate ground for this filing. You would need capable legal counsel for this assessment as well as for handling the appellate procedure.
Before you seek legal assistance from an appellate attorney, here are a few basics that you need to know in this regard.
When is filing an appeal possible? This is possible under three specific circumstances
1) Occurrence of an error substantial to affect the outcome of the case if it is a harmless' error or defect, it would not substantially affect the rights of the defendant and would not affect the final judgment.
2) Occurrence of serious error of law (plain error) this would include the errors that were or were not brought to the court's attention at the trial level.
3) Insufficient weight of evidence to justify the verdict the appellate court almost always reviews the transcript of the trial. However, in most cases, these courts do not view the evidence, hear testimonials, or hear opening or closing statements.
Where do you file this? You need to file the Notice of Appeal with the Clerk's Office of the South Carolina Court of Appeals, the intermediate appellate court, if you want to review a lower court's decision.
How much time would it take? Usually, the Court of Appeals takes approximately 2-8 weeks to reach a decision. However, this would depend on the specific circumstances of the case. Talk to your Charleston lawyer regarding the time necessary for the review of your case may take.
Is filing at the US Supreme Court possible? This highest judicial court would take up a case only if it involves a federal legal statute or a clause of the US Constitution. However, this would only be possible after the South Carolina Supreme Court gives a decision for the case.
How much does it cost? There is no filing fee for criminal appeals. However, you may need to consider costs like court transcription fees, attorney charges and so on. Clarify the costs before you take any legal action.
Consulting a qualified and experienced appellate attorney for advice and representation is a necessity. Appellate procedure is a complex legal domain; without proper legal counsel, it would be difficult for you to handle it on your own. Right from filing the notice to preparing the brief, a legal practitioner's help is imperative.
Visit Myrtle Beach lawyer directory, is exclusively targeted to help Victims residing in Myrtle Beach with any species of legal matters that can be creating a legal problem for them.
