Appeal in Criminal Cases: When is it advisable?
Has the court ruled in your criminal case and you disagree with the verdict? Then you are probably wondering whether an appeal is worthwhile. Many people have doubts: will my sentence be increased? What are my chances? And how does an appeal actually work?
Every day, people search for "appeal in criminal cases, " "filing an appeal in criminal law ," and "when to appeal in criminal cases." In this blog, we explain clearly and realistically what an appeal entails and when it is advisable to file one.
What is an appeal in criminal law?
An appeal means that you have a court ruling reviewed by a higher court, namely the court of appeals. The court of appeals reviews the case again and is not bound by the ruling of the lower court.
On appeal, it is possible to:
the ruling be upheld,
the penalty shall be reduced,
follow acquittal,
or, in exceptional cases, a more severe penalty may be imposed.
When can you lodge an appeal?
You may lodge an appeal:
within 14 days of the ruling,
against a conviction or acquittal,
against the imposed penalty or measure.
If you allow this period to expire, the decision will become final.
When is it wise to appeal?
An appeal may be worthwhile when:
you disagree with the finding of guilt,
errors were made in the judgment,
the evidence is weak,
the punishment is disproportionately high,
or new arguments have not been taken into account.
Appealing is not a standard step and requires careful consideration.
Could your sentence be increased on appeal?
Yes, that is possible.
The court of appeals will review the case in its entirety. This means that:
the penalty may be lower,
but may also remain the same or increase.
That is precisely why it is important to obtain sound legal advice in advance.
How does an appeal procedure work?
The appeal procedure consists of, among other things:
the filing of the appeal document,
requesting the file,
formulating grievances,
a hearing at the court of appeals,
and ultimately a new ruling.
This procedure can take months or sometimes even years.
Why a specialized criminal defense attorney is essential
Appeals require a different approach than court proceedings. A specialized criminal defense attorney can:
assess whether an appeal is likely to succeed,
mount a strategic defense,
expose errors in the judgment,
and work towards acquittal or a reduced sentence.
Without a sound strategy, appealing a decision may have more disadvantages than advantages.
Are you unsure about appealing? Have it assessed.
The deadline for appeal is short. Therefore, do not wait, but have your case assessed carefully and in good time.
👉 Are you considering appealing your criminal case and want to know whether this is wise? Contact us for a no-obligation initial consultation. We will put you in direct contact with a specialized criminal defense attorney.