Appeals Attorney in Honolulu
Didn't get the ruling you wanted?
If you or a loved one has been convicted of a crime, I know that it can be frustrating and overwhelming. When you are feeling helpless, take comfort in the fact that judges and prosecutors make mistakes and by discovering these errors, your case can be benefited and you might even be able to turn things around. I can provide you with sound legal advice as you seek to appeal the conviction to obtain the best results. As an experienced Honolulu criminal defense attorney, I know your rights and can do what it takes to protect them.
Anyone who has been convicted of a crime has the right to appeal, which essentially requests that a higher court overturn a previous decision because of legal or procedural error. Although you may be given a second chance to overcome your conviction, no new evidence can be introduced. The appellate court who handles the appeal, can only evaluate the evidence from the trial to determine whether the decision was made properly. If the defendant's appeal is successful, he or she can obtain a new trial or a dismissal of charges.
To begin the appeals process, the defendant must file a notice of appeal in the circuit or district court within 30 days of his or her verdict. The appellate court will review the case to find out if the conviction was indeed, incorrect. They will look for errors in transcripts, documents, evidence, proceedings, and briefs that were provided by the defense and the prosecution. The decision will be made by the court , who may read written arguments or participate in a discussion between the appellate lawyers and themselves. In an oral argument, both the prosecution and the defense are given about 15 minutes to present their case.
If the appellate court or the highest court in a state does not change the verdict or sentence, then a person may file for a "writ of certiorari". This document requests the Supreme Court to review the case; however, this only happens in rare instances. The Supreme Court will usually only hear cases if two or more courts have interpreted a law differently or there is an important legal principle at stake.
Need Legal Representation from a Honolulu Criminal Defense Lawyer?
If you or a loved one has been convicted of a crime and would like to file an appeal, the presence of an aggressive and relentless attorney from my firm can make all the difference. As the court reviews your case to determine whether any appealable error exists, you are essentially being given a second opportunity to have your voice heard. As your Honolulu appeals lawyer, I can be by your side through the entire process. With more than 20 years of experience, I can help you present your case to the appeals court. You can obtain relief after a criminal sentencing, so contact my firm today to find out how I can help!