Appeals/Post Conviction | Fargo, ND
bg-header
Aaland Law Firm - Legal Offices | Fargo, ND

answered 24 hours

AALAND LAW FIRM

Twitter Facebook

Appeals / Post Conviction Relief

AA criminal appeal can be filed when a person is wrongfully convicted of an offense and believes that there were mistakes made during the trial process. An appeal provides a person convicted of a crime an opportunity for a second chance at justice. An appeal is an attempt to correct the rulings of a trial judge as well as to address inadvertent mistakes made by attorneys and jurors. 

 

Issues that commonly arise on appeal include:

  • whether evidence was illegally obtained by law enforcement,

  • whether certain evidence should not have been admitted at trial, or,

  • whether certain evidence should have been admitted at trial that may have affected a different outcome for the defendant,

  • whether jury instructions were incorrectly submitted to the jury at the end of trial,

  • whether the prosecutor committed misconduct in opening statement or in closing argument,

  • whether the Judge acted improperly during trial,

  • whether the sentence was lawful within state-specific guidelines,

  • whether there was jury misconduct in rendering the verdict.

The process varies widely depending on the type of proceeding to be reviewed and the jurisdiction. In the typical case, the party challenging the lower court ruling, known as the Appellant, must file a legal brief outlining his or her arguments. The other party, known as the Appellee, must file a responsive brief, to which the Appellant may reply. Finally, the parties will appear before the Court for oral argument. The Judges on the appellate court then decide whether an error was committed and if so, whether a remedy is warranted. A remedy ordered by an appeals court might take the form of an order to the trial court to grant a new trial, to dismiss charges, or to re-sentence the defendant.

 

In North Dakota, a criminal defendant may appeal after she is found guilty by a judge or jury. Virtually all North Dakota appeals go directly to the North Dakota Supreme Court since the North Dakota’s intermediate appellate court rarely convenes.

 

In Minnesota, a criminal defendant can appeal after she is found guilty by a judge or jury. An appeal would then proceed to the Minnesota Court of Appeals and, if needed, to the Minnesota Supreme Court.  

 

Please know that the criminal appeals process is very intricate and requires strong and skilled expertise. Many appeals take more than a year and involve intense scrutiny of the trial court transcript. North Dakota and Minnesota have rigid rules concerning the time in which an appeal may be filed consequently prompt action is advisable to protect a defendant’s right to appeal.

 

The attorneys at Aaland Law have the expertise and experience required to thoroughly research the mistakes made at the trial court level, and to make assertive written and oral arguments to provide you with a second chance at justice.

"Protecting your rights, your freedom, your future"

aaland.web Stairs