Criminal appeals is a challenging area of law, and it takes a skilled attorney to successfully navigate the process. It can be very difficult to overturn the court’s ruling on your case, and there must be compelling evidence presented in order to do so. An appeal is your opportunity to challenge the actions of the judge, the prosecutor, or even an attorney you hired who did not act in your best interests. It is your right in Minnesota to challenge your conviction, sentence, or both after you’ve been convicted of a crime. Speak with a Minnesota criminal appeals attorney right after your conviction to learn about your options.
The Appeals Process in Minnesota
Appeals work differently than other types of criminal trials in Minnesota. They are handled by one central court in St. Paul instead of being determined by jurisdiction. Another difference is that appeals at the Minnesota Court of Appeals are reviewed by a board of three judges instead of a single judge or jury. This can be an interesting dynamic because the judges will often have varying perspectives that they must reconcile before making a majority decision.
The criminal appeals process begins by filing a Notice of Appeal at the Minnesota Court of Appeals. This must be done promptly after your conviction because there are strict time limits on filing an appeal. You should contact an attorney right after being convicted of a crime to discuss your appeal options while you still have time to file the appeal.
After your attorney files a Notice of Appeal, they will spend time learning about your case through court transcripts and by talking to you about your perspective of the case. After gaining an understanding of the case and what went wrong, your attorney will file an appellate brief that presents all the facts needed to prove your argument. Your attorney also has the opportunity to request oral argument so he or she can advocate for your rights face to face with the three judges overseeing the appeal.
Once it is done reviewing your case, the Court of Appeals will issue a written opinion explaining its take on the issues you and your attorney raised as they pertain to state laws. The court’s interpretation of these laws and how they relate to the circumstances of your case will ultimately determine whether your appeal is successful.
As you can see, the appeals process is very involved and requires a lot of compelling evidence and arguments. Don’t consider filing an appeal without the assistance of an extremely knowledgeable attorney who has studied state laws and knows how they pertain to your case.
The Importance of An Effective Criminal Appeal
You have limited opportunities to appeal your conviction, and if you are unsuccessful it can mean a lifetime of negative consequences. This is one of the reasons it’s vital that you work with an attorney who knows how the appeals process works and can make a compelling argument on your behalf. The lawyers of Sieben Edmunds Miller are ready to take on your case. We can help you identify issues with your previous attorney, the prosecutor, and the judge in your case, so you can feel confident your appeal will be successful from the very beginning. If you’ve recently been convicted of a crime, give us a call at (651) 994-6744.