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?
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.
every child is entitled to an education EVERYWHERE!
Every person in Missouri is entitled to life, liberty, and the pursuit of happiness
G. Norman Collie
vote.
Refugees have rights and are entitled to humane treatment, while internally displaced persons such as the previously convicted have none. For instance, if a refugee is granted access to the United States and carries a work visa, he cannot be discriminated against in any way. The previously convicted however are discriminated against every day.
Every dog has his day
This means that the court orders the defendant's sentence to be carried out, which usually involves the defendant serving a specific punishment or going through a specific process as determined by the court. The execution of the sentence could include serving jail time, paying fines, or fulfilling other requirements set by the court.
One can appeal property taxes at the end of every year. A tax bill is sent at every year to pay property tax from the government. It is your responsibility to pay these taxes.
In criminal cases, every defendant is entitled to legal representation. When a person cannot afford an attorney, a PUBLIC DEFENDER is appointed to represent him or her. The court determines whether a defendant qualifies for free legal representation, and the attorney fees are paid by the court out of funds that are ultimately provided by the taxpayers. The amount of those fees are set by the court, not the attorney, and average about $55 per hour or $350 per misdemeanor case (depending on the area of the country).
yes in just about every state
The Uncertainty Principal