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You are entitled to appeal ANY sentence you receive. The question is, after the Appeals Court reviews your request for appeal, will they think it worthy of courts consideration?

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Q: What kind of appeal is every convicted defendant entitled to?
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Responsibilities Of Appeals Attorneys?

Appeals attorneys are retained in cases where a party has been wrongfully - in his opinion at least - convicted of a civil or criminal offense. They are therefore only brought into battle after the original case has been decided, and, on their client's instructions, they will then work to overturn the conviction in a higher court. Each state has specific rules and regulations covering exactly how, when and where an appeal can be filed. In California, for instance, criminal appeals attorneys can file either state or federal appeals, and which court - state or federal - an appeal is filed in depends on which court the original case was prosecuted in. Californian courts that hear appeals would include both the Federal Circuit Court of Appeal and the California Supreme Court. The vast majority of appeals are usually filed as the original convictions were arrived at due to some error made by the parties prosecuting the original cases. Mistakes that could result in an erroneous conviction include the presentation of incorrect or unallowable evidence that resulted in the defendant's being found guilty as well as the defendant's attorney either intentionally or negligently not bringing pertinent defense evidence to the court's attention. The right to an appeal is available to every defendant who has been convicted of a crime, but not all appeals filed will be successful, and, in some cases, the original conviction will stand and will not be overturned. No new evidence can, furthermore, be filed by the appeals attorneys acting on behalf of the defendant, and they must confine their efforts to basing their arguments on the court record of the original trial. This court record would, however, include all documentary evidence as well as other exhibits filed during the original trial. Appeals should be filed as soon as possible, and a defendant can find himself without the option to appeal should he delay the filing until after the statutory time limit has expired. Exactly how long a defendant has to file an appeal depends entirely on the type of crime he was convicted of and the court - federal or state - in which he was convicted.


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