Your Appeal Is Your Last Best Chance To Right A Wrong

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Can you include new evidence if you appeal a conviction?

On Behalf of | Nov 22, 2021 | Federal Appeals

The decision to appeal a criminal conviction is one that must be taken seriously. There are very specific reasons why a person might need to file an appeal. Regardless of the reason for the appeal, the person must ensure that they’re handling the situation correctly and that they understand what to expect when they appeal.

The court can take various aspects of the case into account when reviewing an appeal. There are limits to this, so it’s important to know what should be included in the brief and what will be considered.

What will the court consider when reviewing an appeal?

The court will only consider the record of the lower court’s proceedings. It won’t look at new evidence. The evidence presented in the case and the transcript from the court reporter are reviewed. The court can also review briefs prepared by the attorneys.

These briefs have to do with why the appeal should be granted or upheld, depending on the side of the matter the brief is on. It’s possible that the court may accept oral arguments. However, that’s not common. This is why it’s so important for the briefs presented in the case to contain the vital information. There’s a chance that additional information won’t be considered since you likely won’t have an oral argument to rely on to present information.

Anyone who wants to file an appeal of a criminal conviction should ensure they understand the specific points that apply to their appeal. Having experienced legal guidance is important. Starting this process quickly is also beneficial.