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An overview of the criminal appeals process

On Behalf of | May 1, 2020 | Criminal Defense |

If a trial court in South Carolina makes an error during a criminal proceeding, it may be possible to appeal the ruling. However, the party who wishes to appeal must be able to show that the mistake was substantial or material. In other words, the mistake must have had a significant impact on the defendant’s right to a fair trial.

It may be possible to appeal a case based on an error made during trial even if the mistake wasn’t brought up before a verdict was rendered. Appeals may also be made on the basis that the evidence doesn’t support the outcome of the case. They can also be made on the basis that a court abused its authority or that the defendant received ineffective counsel. It is important to note that appellate courts merely review transcripts of what happened at trial.

Therefore, it may be difficult to have a verdict overturned based on a claim of insufficient evidence to convict. Those who try to claim that they received ineffective counsel must show that an attorney’s failures alone resulted in a conviction. Otherwise, a conviction may be allowed to stand even if an attorney slept through the entire trial. In some cases, a verdict may stand even a juror slept through portions of the trial.

An attorney may be able to use the criminal appeals process to help a person obtain a favorable outcome. In some cases, an appellate court will rule that a new trial should be held. If a conviction is overturned, a charge may be expunged.