Being convicted of a crime and realizing that the conviction was due to an error in the manner the law was applied is a difficult situation. The same is true if you realize that an error was made in the sentencing phase of the criminal matter.
For people who went through a trial and later learned of these things, it may be possible to appeal. There are several levels of appeal that you can work through to try to get the issue corrected.
Does the entire criminal case have to be appealed?
The entire criminal case doesn’t have to be appealed. It’s possible to appeal the conviction or the sentence. Regardless of which parts of the criminal case you’re appealing, there must be a misapplication of the law that was serious enough that it could have resulted in a different outcome of the case or a different sentence.
An appeal based on a legal error doesn’t necessarily have to introduce new evidence. Instead, these matters can be handled through written briefs that are centered solely around the application of the law. The briefs must clearly show how and why the law was misapplied and how it would have altered the case.
Because the rules and procedures for appealing a criminal conviction are so strict, you must ensure that you get things right with the appeal from the start. Any misstatements or missed deadlines can result in a negative outcome. Working with someone who’s familiar with these matters is beneficial and can help you to get things handled appropriately.