You may think that once a ruling is made in your case, the case is over. However, you have many options even after a conviction. There is the possibility that a case can be won on an appeal. After a ruling, your attorney can help you exhaust the appeals process. An appeal may not be the best way to move forward with your case, so you will want to discuss the possibility with your attorney.
John Calcagni has experience dealing with appeals in both civilian and military courts. Attorney Calcagni will use his experience with the process to help you overturn the ruling in your case. Contact Calcagni Law today to discuss your case and whether or not an appeal is right for you.
A direct appeal is challenging a conviction or a sentence for a defendant that plead guilty or was found guilty during a trial. The appeals process is not like a typical trial. The court of appeals will not consider any new evidence in the case. The arguments attorney’s make during a direct appeal is usually written. The defendant also knows as the “appellant” does not appear before the court.
The appeals court will consider the transcripts of the trial in their ruling. They will look over everything the court transcripts and all of the evidence. The lawyers will make a brief verbal argument before the court. Because of the minimal role an attorney plays in a direct appeal, it is important to have an attorney with experience in these types of situations.
A appeals court does not determine whether or not a defendant is guilty or innocent. Instead, they look at the case and determine if the court made legal errors. If these errors are big enough, the court can overturn the lower court’s ruling. If the legal concerns only apply to the sentence, the defendant can receive a new punishment.
An interlocutory appeal happens during a trail. Judges make many rulings over the course of a trial. Judges rule on whether or not to allow evidence into the case as well as rulings on motions. A lawyer can challenge all of these decisions through the interlocutory appeals process. The reason for these types of appeals is to prevent a decision from preventing a fair trial from occurring. There are restrictions for interlocutory appeals because courts do not want factional litigation. Your attorney can help you decide if an interlocutory appeal is right for your case.
State and Federal Appeal
There are different processes or appeals in state and federal courts. It is important to have an attorney that understands the differences. It is also imperative that your attorney has experience with the procedures. Having an attorney that understand both state and federal appeal regulations can greatly improve your chance of winning an appeal. John Calcagni will use his experience with state and federal courts to help you win your case.
A military court is different than a civilian court. Depending on the court martial there are different rules for an appeal. If a special or general court-martial convicts your case will receive an automatic review. The person that reviews the case is the “convening authority.” The convening authority is the person that initially referred the case to the court martial. This person can then “mitigate” the charges or sentence.
After the initial review of the case, you can pursue an appeal in certain cases. The following courts will hear these cases:
- Army Court of Criminal Appeals
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal Appeals
- Coast Guard Court of Criminal Appeals
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