The Law Offices of Matt Horak
Often times, people are under the impression that once they have been convicted of a serious crime, the criminal process ends. However, in some cases, that belief is certainly not true as people may be allowed to appeal their convictions or to file an appeal post conviction. An appeal is merely a formal request for a change to an existing decision.
In order to be eligible to file an appeal, a defendant and his defense lawyer must be able to prove beyond a reasonable doubt that a procedural event went wrong during the legal process, judicial process or during the trial. For example, if new evidence is discovered, or it is later discovered that evidence presented at a person’s trial was inadequate or faulty, the defendant may file an appeal. The appeal will then be reviewed by an appellate court that will decide whether or not the person should be granted a new trial. If the appellate court sides with the defendant, a new trial will be granted and his/her conviction will be over-turned. However, if the appellate court does not side with the defendant, his/her conviction and criminal sentence will remain intact.