Quite often, the outcome received in court is not what the accused had hoped for. If you’ve been found guilty of a crime and you feel your sentence is unfair, you do have the option to appeal. However, you can only consider appeals Salem if the questions of law, rather than facts, are in question. What this means is that if you feel the jury came to the wrong outcome due to a misinterpretation of the law, you can make an appeal. The type of case will also determine who can make an appeal.
Are you entitled to appeal?
In civil cases, both sides can decide to make an appeal if they aren’t satisfied with the outcome. If it’s a criminal case then the defendant can appeal if they have received a guilty verdict. However, the government isn’t able to make an appeal if the defendant is found not guilty. It’s worth noting that both sides can appeal in a criminal case, after the sentence has been given. The defendant can appeal against the sentence claiming it’s too harsh, or the prosecution can appeal that it’s too lenient.
In terms of bankruptcy, whoever loses the initial hearing can make an appeal. This appeal is typically made to the district court.
You can find out more about the appeals process if you talk to your attorney. They will have a good idea of whether or not you have grounds to file an appeal.
Who decides on the appeal?
There are usually 3 different judges on a panel who decide whether the appeal should be accepted. A brief is written for these judges, which outlines legal arguments supporting the appeal. This is done to try to persuade the judges that a legal error was made in the case. The brief will also contain arguments by the other party as to why the decision was correct.
In some circumstances, this written argument is enough for the judges to make a final decision. However, typically the next step in the appeals Salem process is to give an oral argument in front of the panel. Both attorneys are given approximately 15 minutes to present their argument to the judges.
Once the judges have made their decision, it usually closes the case. However there may be times when the judges may send the case back to a trial court. They may also ask the US Supreme Court to take on the case.
Overall there’s no guarantee that your appeal will be successful. So many things have to be taken into consideration. You’ll need a good attorney if you stand any chance of winning an appeal. It can also be quite a lengthy process so this is something you need to be prepared for.
Spalding & Wood LLC offer complete legal representation in the Salem area. They have extensive knowledge on appeals in Salem. Call now for further information.
