If you go to trial and are convicted, you may know that you have the right to an appeal. At this point, you might assume that you need to bring new evidence to court. Perhaps you believe that presenting additional evidence will allow the jury to see what really happened, leading to a much different verdict.
However, this is not typically how appeals work. Generally speaking, appeals do not involve new evidence or new witness testimonies. Instead, the appeal focuses on reviewing the evidence and proceedings from the original trial. All the details of the case are already established, and no new information is introduced.
What is the focus of an appeal?
The focus of an appeal is typically on whether or not mistakes were made during the original trial. You are essentially arguing that the conclusion reached by the jury was incorrect due to errors in the legal process.
For example, you might believe that the judge incorrectly applied the law in your case. Perhaps the judge misinterpreted a statute, leading to your conviction. If this legal mistake hadn’t occurred, you believe the charges against you would have been dismissed.
Alternatively, you may think there were other legal errors during the trial. For instance, you might argue that issues with the jury compromised your right to a fair trial. Since every defendant is entitled to a fair trial in front of an impartial jury of their peers, demonstrating such errors could form the basis for an appeal.
Understanding the legal process
If you’re navigating the appeals process for the first time, it’s natural to feel uncertain about how it works and what it can achieve. This is why it’s essential to work with an experienced defense team to explore all your legal options.
