Just because there has been a ruling in your case doesn’t mean that your case is over. You still have options after the conclusion of your case.
It is possible that an appeal can change the sentence or judgment in the case. There are different appeals that your attorney can use both during and after your trial.
An appeal may not be advisable in your case, so you will want to consult with your attorney about the possibility.
John Calcagni has experience dealing with appeals in both civilian and military courts. Attorney Calcagni will use his experience with the process to help you overturn the ruling in your case.
Contact Calcagni Law today to discuss your case and whether or not an appeal is right for you.
Types of Appeals
An interlocutory appeal happens during a trail. During a case, the judge will make many rulings. Judges rule on motions as well as whether or not to allow evidence into the case.
A lawyer can challenge these decisions, within reason, through an interlocutory appeal. Interlocutory appeals are used to ensure a fair trial. Because courts do not want factional litigation, there are limits to what an attorney can contest with an interlocutory appeal.
A direct appeal is challenging a sentence or a conviction for a defendant that was found guilty or plead guilty.
A direct appeal is unlike a court trial. An appeals court does not consider any new evidence.
Also, attorneys usually make their arguments in writing. Lastly, the defendant will not appear in front of the court.
The appeals court will look at the court transcripts before making a ruling. The appellate court will also consider all of the evidence in the case.
Attorneys play a minimal role in the appeals process. Therefore, it is important to have an attorney that is familiar with the process.
It’s not an appellate court’s job to determine if someone is guilty or innocent. The court instead looks for legal errors that could have affected the outcome of the case.
If there are big enough errors the court can overturn the lower court’s ruling. The court can issue a new sentence if the legal mishaps only apply to the punishment and not the overall outcome of the case.
State and Federal Appeals
There are different processes for both state and federal appeals. Having an attorney that understands the system can be a great benefit.
Military Court Appeals
Military courts and civilian courts are very different. There are different rules for an appeal depending on the type of court martial.
For example, a conviction by a general court-martial will result in an automatic review of your case.
A “convening authority” will review the case. The convening authority is the same person that made the initial referral to the court.
If the convening authority decides to, they can mitigate or lessen the punishment.
After the initial review of the case, you can pursue an appeal in certain cases. The following courts will hear these cases:
- Army Court of Criminal Appeals
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal Appeals
- Coast Guard Court of Criminal Appeals