When you are convicted of a crime, you have a legal right to appeal it to the Kansas Court of Appeals or file a petition for review with the Kansas Supreme Court. The appellate courts will review the reasons for appeal to ensure the law was applied correctly in your case. Likewise, if you were subject to an adverse sentence, you can appeal, and the court may reverse your case for resentencing. Trial courts make errors of law, but you have a right to a fair trial.
When you are considering appealing a criminal conviction or sentence, talk to a Junction City appeals lawyer. Although you have the right to defend yourself in court, the process for appealing a criminal case is complex and it is beneficial to secure legal representation. Our experienced criminal attorneys could help you appeal your case to the Kansas Court of Appeals or file a petition for review to the Kansas Supreme Court. Contact our office to get started on your case.
The Differences Between Trials and Appeals
In a trial court, the prosecutor and the defense present evidence to prove the defendant’s guilt. During the trial, the attorneys are creating a record through witnesses testimony, documents, videos, and objects. Ultimately, a jury or a judge in a bench trial determines if the state has proven the defendant’s guilt beyond reasonable doubt.
In an appellate court, there is no evidence presented and no jury to decide the case. Instead, on appeal a panel of judges review the case and the law that was applied to determine whether the outcome of the case was fair under the law. Another key difference is that only one judge presides over a trial, whereas multiple judges review a case on appeal. Unlike jury verdicts, appellate rulings do not need to be unanimous, the majority wins. An attorney experienced in appealing convictions in Junction City could go over the specifics of the appellate process so the defendant is prepared.
Common Issues for Criminal Appeals
When appealing a case to the Kansas Court of Appeals or the Kansas Supreme Court, the defendant must prove the lower court made an error of law with their case. Some common to appeal a criminal conviction or sentence include:
- Sentencing errors
- Prosecutorial misconduct
- Misapplication of the law
- Mistakes with jury instructions
- Ineffective assistance of counsel
- Errors with pretrial motions, including the suppression of evidence or a motion to dismiss the case
- Errors with the court’s evidentiary rulings at trial, including witness credibility and other exhibits
Demonstrating that the lower court made an error of law is difficult, it requires a Junction City attorney’s understanding of trial work, appellate procedure, and the legal issues at play.
Reach Out to An Attorney in Junction City About Your Appellate Case
When you are planning to appeal your conviction or sentence, you need an experienced Junction City appeals lawyer on your side. A successful appeal requires a different set of skills as you are appealing your case to a panel of judges verses persuading a jury of your peers at trial. When you are appealing a criminal case, your attorney will be arguing that the trial court made a mistake with your case. The standard of review for criminal cases is high as it is not easy to demonstrate the lower court made an error of law.
Our criminal appeals attorneys have represented countless clients in front of the Kansas Court of Appeals and the Kansas Supreme Court. We are well-versed in the appellate procedure and could help you navigate your case. Call today and schedule a free consultation to determine if you have grounds for an appeal.