Comments Off

When Should You File an Appeal?


Appellate

Appellate

It is not uncommon for people to make mistakes, it is a part of our lives. Even those in high positions have made errors in the past, and they will continue to do so. If you look at someone like a judge, they are humans just like us and that is part of the reason why an appellate court, or appeal court, is so important to our society. Whether you think a mistake has been made or you are sure of it, bringing your case to an appeal court will get your case reviewed and there may be a different outcome the second or third time around. The appellate court will make sure that your case is fairly judged, but you have to know exactly when to use one. Here are a few reasons why you may want to bring your case to an appeal court.

1. Innocence – If you have been convicted of a crime and you know that you are innocent, tell your attorney to bring your case to an appellate court immediately. Obviously a mistake has been made and the appellate court will support you. Getting a review in an appeal court will give you another chance to prove your innocence. This has to be the biggest reason why the appellate court exists. We have to make sure that nobody is wrongfully imprisoned in our society. This would be a tragedy and a complete misuse of our justice system. Not to mention, the actual perpetrator of the crime will still be out there, potentially causing harm to others. Our appeal court system tries its hardest to make sure this does not happen.

2. New evidence – When there is new evidence to be presented in a case, it should certainly be brought to an appellate court a review. The appeal court will then look at this new evidence and the result could overturn the verdict. If someone has been wrongfully accused of a crime and there is evidence found proving their innocence, the appellate court will then set the convicted person free. On the other hand, new evidence could also brought to the appellate court and be used against somebody that has already been found innocent. In this case, they can either bring it to an appeal court or reopen the case.

3. Lower sentence – It is also possible to bring your case to an appellate court if you feel that the sentencing you received does not fit your crime. An excessively harsh sentence is grounds for an appeal court review. Nobody should have to serve twenty years in prison because a judge was having a bad day. The appellate court will see if there were any unusual circumstances surrounding the sentence.

We have the best judicial system in the world, mostly because of the appellate court. An innocent citizen will not be rotting in jail if an appeal court has a chance to uphold justice.

Filed in: General, Photos Tags: , , , ,

Related Posts

Bookmark and Promote!

© 2012 Docket. All rights reserved. XHTML / CSS Valid.