A state criminal appeal attorney must have the experience and legal knowledge of the appellate system for a defendant to have any chance. An appeal is a legal proceeding in which the judgment or order of the court is challenged on some legal ground or grounds. An appeal is not a retrial or a rehearing of the evidence. Rather, it is a proceeding in which defendant’s appellate counsel and counsel for the government file briefs raising and responding to legal errors alleged to have taken place in the state court. These briefs and any attachments provided allow the appellate court to determine whether any legal error occurred at the lower court level.
If you are appealing a South Carolina state court conviction, your appeal is first filed with the South Carolina Court of Appeals. A good state criminal appeal attorney will be able to explain the process and hopefully attain oral arguments. However, there are a limited number of cases in which an appeal can be filed directly with the South Carolina Supreme Court. If a party receives an unfavorable result with the Court of Appeals, they still have the option to petition for certiorari to the South Carolina Supreme Court for a review of the appellate court’s decision.
Our South Carolina appellate attorneys understand that an appeal is the last resort in correcting a legal error made at the state court level. Our appellate lawyers have years of experience in this area and have filed numerous cases in the South Carolina Court of Appeals and the South Carolina Supreme Court. While representing our appellate clients, we keep them fully informed of the appellate process and notify them of all the potential issues in their appeal. We spend a great deal of time preparing, reviewing transcripts, and researching to make sure that you have the best appellate arguments possible. If you or a loved one is considering filing a state appeal, contact one of our state appellate attorneys for a free consultation to discuss your options. We have attorneys that have passed the bar in South Carolina, Georgia, and Florida that can assist you with your case.
When a person is convicted or sentenced at the trial level and would like to appeal, notice of this intent must be filed within 10 days after the sentencing. S.C. R. App. Prac. 203(b)(2). A notice of appeal is a short document that notifies the state court and appellate court of a party’s intention to appeal. Even if you have missed the deadline to appeal, do not give up. We may still be able to initiate your appeal under an applicable exception. If you are interested in filing a South Carolina criminal appeal or need to file a notice of appeal of a South Carolina judgment, contact our state criminal appeal lawyer for a free consultation. We want to make sure that all your issues are preserved.