Understanding the criminal appeals process in Creek County is crucial for people who may be facing incarceration. If you or someone you know has been found guilty of a crime in Creek County, you might be thinking about appealing the conviction. It’s important to understand the criminal appeals process not only in Creek county, but also in Oklahoma. This involves several key steps that we will discuss below in this article. You can also explore our Creek County Law Blog for other posts that could help you.
Introduction to Appeals
An appeal is when a higher court is asked to examine a lower court’s decision. In Oklahoma, appeals from criminal convictions are generally handled by the Oklahoma Court of Criminal Appeals, the state’s highest criminal court. In this court, they will make a determination that will decide if the lower court’s decision was just or had flaws. Thus, this can help turn the tide for someone unjustly facing serious time for a crime. Below are some of the steps a person can take when going through an appeal process.
Notice of Intent to Appeal
The first action in appealing a conviction is to file a notice indicating your intent to appeal. This is done after the court delivers the judgment and sentence, and it notifies the court and other parties of your disagreement with the decision. However, it’s important to note that there is a time limit for most appeals. In Oklahoma, an appeal from any misdemeanor or felony conviction must happen within ninety (90) days from the date the Judgment and Sentence is pronounced. This includes the filing of the petition in error, original record, transcripts and evidence.
The exception to this 90 day time limit is for capital crimes, such as first degree murder. For these crimes, you must submit everything within six (6) months from the date the Judgment and Sentence is pronounced.
Preparing the Record on Appeal
Next, you must prepare the record on appeal for your conviction. This needs to include all trial documents, evidence, and transcripts. While the court clerk compiles these documents, an attorney’s involvement might be necessary to ensure completeness. This step’s duration varies based on the trial’s complexity. Hiring a proper lawyer to do this for you will ensure certain errors don’t occur. It’s best to set yourself up for success rather than make a mistake that could cost you your rightful appeal.
Filing the Appeal Brief
After the record is ready, you must file an appeal brief with the appellate court. This brief should articulate the legal errors you believe occurred during the trial. It’s important to detail the facts and identify any specific mistakes. An attorney with the proper appeal experience is the best person to draft the brief. They can properly articulate what went wrong in your trial specifically.
Following your brief, the prosecution will file their response. This will be them defending the trial court’s decision and countering your arguments. Additionally, if your appeal includes oral arguments, the court will allow you to present your case directly to the judges. This is where you will summarize your points and respond to their questions.
The Court’s Decision
After this, the appellate judges will then deliberate and issue a decision. Unfortunately, this process could take months. They may affirm the trial’s decision, reverse it, or remand the case back to the lower court for further action. No matter the outcome, it’s imperative to stay calm and respectful during this process.
The successful outcome of an appeal can depend on many factors. This can include the clarity and strength of your legal arguments and the significance of the trial errors. More impactful errors are more likely to result in a reversal.
Common Misconceptions About Appeals
Many people mistakenly believe an appeal is a new trial or a chance to present new evidence. Instead, an appeal will solely review the trial’s legal aspects to check for fairness and correct application of law. It is not the job of an appeals court to comb through new evidence, but merely to make sure due process was followed properly.
Criminal Appeals Attorneys in Creek County
The criminal appeals process in Creek County is complex but crucial for correcting judicial errors. If you’re considering an appeal, a Creek County criminal defense lawyer can provide valuable guidance. You deserve to have the best chance possible for your appeal to be granted. Our team at Creek County Lawyers are here to help by tackling your appeal process head on. Contact us today for a free consultation at 918-209-3709 or online via our Ask A Lawyer to discuss your case with one of our experienced attorneys.
