Criminal Appeals
First, some basic concepts
Double jeopardy is a legal principle that prohibits an individual from being prosecuted twice for the same crime after being acquitted or convicted.
Habeas corpus is a court order directed to a person or entity detaining another, commanding them to produce the detained person before the court and to show cause for their detention. An example would be if a person is arrested and held in jail without being charged with a crime or brought before a judge for an extended period; they or someone on their behalf could file a writ of habeas corpus to compel the authorities to justify the detention. A writ of habeas corpus might be filed when a person believes they are being unlawfully detained or imprisoned.
A writ is a formal written order issued by a court commanding a person or entity to do or refrain from doing a specific act.
A petitioner or appellant is the party who initiates an appeal or asks a higher court to review a lower court's decision.
What options do you have?
The three options defendants have if they feel they have been wrongly convicted are:
- Appeal: Where the defendant asks a higher court to review the trials court's proceedings for errors of law or fact.
- Motion for a New Trial: the defendant can file a motion asking the original trial court to grant a new trial usually based on newly discovered evidence, prosecutorial misconduct, or significant errors during the original trial.
- Post-Convicted Relief: This is a broader legal action that allows a person to challenge the legality of their detention.
Some advice
A person might want a different lawyer for their appeal because appellate law is a specialized field that requires different skills and knowledge than trial law.
