Achieving a guilty verdict need not be the end of the path if you are sentenced from a lower court. Chances are you’ll request that an improved court review adjust the decision associated with a lower court by filing an appeal. Appealing a conviction involves a new set of rules which can be best handled by the criminal defence lawyer. Sydney legal businesses offer full criminal defence services including draws higher courts.
Time for filing appeal
Court rules strictly require that you just file your notice of appeal within a short period, not more than fourteen days if appealing during the Magistrates court but not more than three weeks if fascinating to a superior court, when of sentencing or conviction. Timeliness of filing your notice of appeal is necessary as it can be denied if you are filed beyond time. This info of appeal differs from the appellate brief that your particular criminal defence lawyer will prepare in the behalf.
Questions of law
Appellate courts entertain just those appeals that raise questions of law or legal principles inside the lower court’s verdict. In the appeal, the greater court would not conduct a re-hearing within the facts of the case and can focus on legalities raised from the appeal brief. Much more involves arguing legal principles, anyone hoping to appeal his case should immediately consult a criminal appellate lawyer for help in the appeal.
Forms of appeals
Appeals against conviction You could appeal a conviction to some higher court according to the transcript within the proceedings that occurred in the lower court. The appellate court generally is not going to entertain questions due to facts tried or heard in the lower court if you can’t prove exceptional circumstances exist to warrant a re-hearing. After hearing your legal arguments, the appeal court may substitute the judgment of conviction using an acquittal or return the case to the lower court for additional hearing.
Appeals against sentence You can even appeal a sentence of conviction to a higher court by citing grounds including that the lower court committed an error in judgment in imposing a penalty that is obviously outside of the range of penalties prescribed for the offence or how the judge failed to consider some factor which might have entitled one to a lower penalty. As penalties for offences are fixed by the government, a criminal lawyer is the best person to work with you in arguing your appeal against a sentence.