There are number of options that someone has once they’re convicted of a crime, either in a trial or with the plea. The first most typical is called the direct appeal. When you’re convicted of a crime by a jury or judge, you have 30 days after that conviction to file your notice of appeal and that notice would also set out the issues you believe that the court erred on during the court’s ruling during your trial. The direct appeal can only challenge the legal issues that were incorrect that you believe that the appellate court should reverse the trial judge’s decision. For example, often times, in a possession case, whether it’s contraband, drugs or guns, the issue comes up as to whether the officers had a constitutional right to search you. If they didn’t and if they’ve violated the search & seizure law, your attorney would have filed the motion of suppress the evidence.
If the Search and Seizure Law Has Been Violated, a Motion to Suppress Evidence Can be Filed
Obviously, if you’re going to trial, the judge denied your motion to suppress the evidence but when that evidence is submitted in court during the trial, your lawyer should object to its admission based on his previous argument at the motion of suppress and that preserves that issue for the appellate court to review on the direct appeal. Any other objections that your lawyer makes during the trial that the judge rules against are all potential issues that the appellate court can review to determine whether the judge committed error. If they believe the error was significant enough, can reverse the case.
In an Appeal a Person is Appealing Legal Problems or Inequities Not Factual Ones
Remember that in an appeal, you’re only appealing legal problems or legal wrongs not factual ones. So, if you find out after the case that the witness lied and you can prove he lied, that might be the basis for other type of post-conviction release but generally not for the direct appeal. You’re generally looking to challenge the judge’s rulings that went against you in your direct appeal.