Understanding Criminal Appeals in Missouri
Appeals. After you’ve been sentenced in a Missouri criminal case, you still have legal options to challenge the decision. One of the most significant steps in this process is filing an appeal. Appeals are a legal procedure where a higher court reviews your trial for errors or abuses of discretion that may have affected the verdict or the sentence. The goal of an appeal is not to have a new trial but to determine if legal mistakes were made that could have impacted the outcome.
What Is an Appeal?
An appeal is a formal request for a higher court, often called an appellate court, to review the decisions made in your trial to ensure they were conducted fairly and according to the law. It is not a retrial but rather an evaluation of whether the trial court made any significant errors that could have resulted in a wrongful conviction or unfair sentence.
You cannot appeal just because you disagree with the outcome of the trial. You have to demonstrate that your rights were not protected during the trial or that new evidence would have affected the outcome/
Common Grounds for Appeal
You can appeal various aspects of your case, such as:
- The verdict itself, if you believe the trial court misinterpreted the law or the evidence.
- The sentence, if you believe it was excessive or imposed inappropriately.
- Legal procedures, like the admission of evidence that should have been excluded or improper instructions given to the jury.
- Jury misconduct, if jurors acted improperly, such as discussing the case outside deliberations or being influenced by outside factors.
- Prosecutorial misconduct, if the prosecutor engaged in unethical behavior, such as withholding evidence or making inappropriate remarks.
- Ineffective assistance of counsel, if your attorney failed to provide adequate representation, such as not investigating important evidence or making critical errors during the trial.
- New evidence, if significant evidence that could potentially affect the outcome of the case was discovered after the trial concluded.
When Can You File an Appeal?
In Missouri, you must file a notice of appeal within a specific time frame, usually within 10 days after the final judgment or sentence is entered. Missing this deadline can result in losing the right to appeal.
Can You Appeal a Guilty Plea?
In Missouri, it is generally more challenging to appeal a conviction if you entered a guilty plea. However, you may still have options to appeal if:
- The plea was not entered voluntarily or knowingly.
- Your attorney provided ineffective assistance during the plea negotiations.
- New evidence arises that could exonerate you.
It is important to discuss your options with an experienced Missouri criminal defense attorney if you’re considering appealing a guilty plea.
Steps in the Missouri Criminal Appeals Process
The Missouri criminal appeals process can be lengthy and complex, but here’s a breakdown of the key steps:
1. Filing a Notice of Appeal
The first step in appealing a conviction or sentence is filing a notice of appeal with the Missouri Court of Appeals. This document informs the court that you intend to seek an appeal. It must be filed promptly after sentencing, typically within 10 days of the judgment.
2. Preparing the Appellate Brief
Once the notice is filed, your attorney will draft an appellate brief. This document is the foundation of your appeal, outlining the errors made during your trial and providing legal arguments as to why the verdict or sentence should be overturned or modified. The appellate brief is due 60 days after the notice of appeal is filed.
Your attorney’s brief will:
- Point out any errors that occurred during the trial.
- Reference relevant laws and prior court rulings to support your arguments.
- Present a clear, persuasive case for why the appellate court should grant relief.
The prosecution will also file a response brief to argue against your appeal and defend the trial court’s actions.
3. Oral Arguments
In some cases, the appellate court may schedule oral arguments. This is an opportunity for your attorney to present the case in person and answer any questions the judges may have. Oral arguments can strengthen the appeal by allowing your lawyer to clarify key points or address concerns from the judges in real time.
4. Decision by the Appellate Court
After reviewing the briefs and hearing oral arguments, the appellate court will make a decision. This process can take several months. The court may:
- Affirm the conviction, meaning they find no substantial error and uphold the original verdict and sentence.
- Reverse the conviction, meaning they find significant errors that warrant overturning the conviction.
- Modify the sentence, meaning the conviction stands, but the sentence is changed.
- Remand the case, meaning it is sent back to the lower court for a new trial or sentencing hearing.
How a Missouri Criminal Defense Attorney Can Help
The appeals process is complicated and requires a deep understanding of Missouri law and appellate procedure. At Combs Waterkotte, we have extensive experience handling criminal appeals and know how to craft compelling arguments that highlight the errors made in your trial.
Our attorneys can:
- Analyze your trial for any legal errors or violations of your rights.
- Prepare a persuasive appellate brief that outlines why your conviction or sentence should be overturned.
- Represent you in oral arguments before the appellate court.
- Guide you through each step of the appeals process and provide you with clear advice on your best legal options.
Contact Us for a Free Consultation About Your Appeal
If you believe mistakes were made during your trial or sentencing, don’t wait to take action. The appeals process is time-sensitive, and missing critical deadlines could prevent you from seeking the relief you deserve.
At Combs Waterkotte, we’re dedicated to fighting for your rights and ensuring that your case is reviewed fairly. Call us at (314) 900-HELP or contact us online to schedule a free, no-obligation consultation with one of our experienced Missouri criminal defense attorneys today. Let us help you fight for a fair outcome.
