As a criminal defendant in the Palmetto State, you have numerous rights guaranteed to you under both the United States Constitution and South Carolina state law. Among the most important of those rights, though, is the right to file an appeal of a criminal conviction, given that you meet certain criteria and make a strong case stating that the outcome of your claim was objectively unfair.
Successfully appealing after a criminal case concludes is far from a simple process, and defendants who try to pursue an appeal without support from a seasoned defense attorney very rarely get favorable results. Fortunately, you have help available from an experienced and dependable Pickens County appeals lawyer in Christopher L. Jones.
Possible Grounds for Appealing a Criminal Conviction
It is very important to understand that appealing a criminal conviction is not just a way of fighting against a ruling that you personally disagree with. Instead, the purpose of an appeal is to argue that there was a fundamental legal flaw in how you were prosecuted or convicted for the charge(s) your appeal is based on.
Examples of scenarios which could potentially justify an appeal in South Carolina include:
- The prosecution used evidence in their case against you which was legally inadmissible in court
- The prosecution did not have enough evidence on its own to prove guilt “beyond a reasonable doubt”
- Someone involved in prosecuting you made an error in their interpretation of or adherence to state law or court procedures
- The jury was given incorrect instructions about how to consider your case or otherwise engaged in some kind of misconduct
- Your previous legal representative made a serious mistake or otherwise did not provide sufficient help for the trial to be considered fair
While you cannot submit any new evidence during an appeal, and there is no jury to make your case in front of, your Pickens County appeals attorney could help construct the strongest case possible through written briefs and oral statements given to the appellate court judge overseeing your appeal.
Basic Steps in the Appeals Process
The first step in the process of appealing a South Carolina criminal offense is generally filing a motion to appeal with the state Court of Appeals. Once the Court of Appeals makes a decision about a particular case, either party in that case—the defendant or the prosecution—can continue that appeal to the South Carolina Supreme Court.
Alternatively, if the case being appealed resulted in a death sentence against the defendant, the case can skip the Court of Appeals entirely and proceed directly to the Supreme Court. Either way, if the Supreme Court chooses to hear an appeal and then sides against the person filing that appeal, the appellant can sometimes advance their case to the United States Supreme Court. However, as any experienced appeals lawyer in Pickens County could tell you, it is rare for that court to agree to hear an appeal, let alone grant one upon review.
Get Help from a Pickens County Appeals Attorney Today
Even if you are convicted of criminal charges in a South Carolina court of law, that does not mean you can no longer fight the allegations made against you. At the same time, not every convicted defendant in the Palmetto State is eligible to file an appeal.
Christopher L. Jones has been both a criminal prosecutor and a municipal court judge, so he knows the criminal appeals process inside and out, and he could provide invaluable help as you navigate every stage of it. Call today to discuss your options and get a skilled Pickens County appeals lawyer on your side.
