When you are found innocent of a crime, a prosecutor cannot try you for the same crime because of the rule called double jeopardy. However, if you are found guilty of a crime, you have the right to have your case reviewed in order to determine if any mistakes were made in the trial or in the application of the law. This review is referred to as an appeal.
An appeal is a very complex legal proceeding that requires detailed legal arguments to be made. It is very important to have a skilled and experienced criminal defense lawyer handling your appeal. The Pennsylvania criminal defense law firm of Lawrence R. Dworkin has been representing clients in criminal cases for more than 30 years. During this time, we have handled many appeals and helped clients in this area. If you are unhappy with the results of your criminal trial and you want to appeal the verdict, contact me today to learn how we I help.
After your case is heard in court, you are guaranteed at least one chance to have the case reviewed by a higher court in order to determine if the first court acted within the bounds of the law. The court that does your review is called the Superior Court and the process of requesting the review of the case is called an appeal.
This court doesn’t just review the entire case to look for any possible mistakes though. It is the obligation of the person appealing to point out problems, make legal arguments and indicate why the decisions or actions made or taken by the lower court were not correct or were not a valid application of the law. The appeal doesn’t re-argue the facts or details of the initial criminal case that was presented at trial, but instead the focus is on how the law and rules were applied at trial and whether errors occurred.
At an appeal, witnesses aren’t presented. In fact, you may not even have to attend. Instead, your attorney provides written arguments and makes an oral argument as to why the judges on the Superior Court should change what the lower court did or send the case back to the lower court to be reconsidered. If the attorney convinces the appellate court, then you may get your verdict overturned and/or you may have a new trial, depending upon the circumstances and the type of error uncovered on appeal.
To learn more about the appeals process and how it may be used in your case, or for assistance in appealing the outcome of a trial you were involved in, contact the experienced Pennsylvania criminal defense law firm of Lawrence R. Dworkin today by using our online form or via email at 610-566-0610.