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What happens when you file a criminal appeal?

On Behalf of | Jun 8, 2021 | Criminal Defense

Feeling that the legal repercussions handed to you do not match your charges can feel discouraging and unfair. Even with criminal charges pending against you, you have the right to fair and just treatment.

One of your rights allows you to file an appeal if you disagree with the sentence you receive. Understanding what could happen when you file an appeal will help you to prepare for your next steps.

Preparing for an appeal

Filing an appeal is your chance at modifying the original sentence you received. Submitting the same evidence that you already have may give you little chance at a different outcome. Because your freedom relies on the outcome of your appeal, you have nothing to lose from spending adequate time preparing a persuasive description of your situation.

You may work closely with a legal professional to assess which aspects of your case you could modify in preparation for the presentation. Consider your options for finding new evidence. Review witness reports looking for different ways to present your case that favor you.

Determining an outcome

A few different scenarios could happen as a result of your appeal. According to the United States Courts, in a majority of cases, an appeal stands as a final decision. Depending on your case and the circumstances around it, if approved, your appeal could result in one of the following:

  • Modifications to aspects of your former sentence
  • A reversal of your former sentence
  • Your case goes for retrial

In cases where your appeal is not approved, your current sentence will stand unless you file for another appeal.