The Steps In The Criminal Appeal are important to know if there has been an error in a case. If you or someone you know has a conviction from a crime in Oklahoma, you may be considering an appeal. There are several instances that constitute a need for a criminal appeal. Understanding the criminal appeals process in Oklahoma can help you see what steps need to happen when one of these instance happen to you. Below, we will talk about the stages and what to expect along the way.
Understanding Appeals
An appeal is a legal process where you ask a higher court to review the decision of a lower court. In Oklahoma, appeals from criminal convictions usually go to the Oklahoma Court of Criminal Appeals, which is the highest court for criminal cases in the state. Here, they will look at all the evidence you and your counsel provide, ultimately allowing them to make a determination.
Step 1: Filing the Notice of Intent to Appeal
The first step in the appeals process is to file a notice of your intent to appeal. This must happen after the judgment and sentence is finalized by the court. This notice lets the court and the other parties know that you disagree with the court’s decision and plan to appeal. It’s important to find an attorney who knows how to properly draft all the paperwork necessary for this process.
Step 2: Preparing the Record on Appeal
After filing the notice, your next task is to prepare the record on appeal. This includes all documents, evidence, and transcripts from your trial. The court clerk is responsible for gathering these documents, but your input may be necessary to ensure they include everything that is relevant. This step can take several weeks to complete, depending on the length and complexity of the trial.
Step 3: Filing the Appeal Brief
Once the record on appeal is ready, you have to submit an appeal brief to the appellate court. This document explains the reasons the trial court made legal errors. The brief should clearly state the facts of your case and point out specific mistakes in handling the law or other errors.
In Oklahoma, for both misdemeanor and felony cases, an appeal must be filed within 90 days from when the judgment and sentence were announced. This timeline is crucial for ensuring the appeal process is initiated correctly. Once the record and transcript are ready, the court clerk notifies the relevant parties to proceed with transmitting the appeal records to the Court of Criminal Appeals.
Step 4: The Prosecution’s Response
After you file your brief, the prosecution will have an opportunity to respond. Their brief will argue why the trial court’s decision should stand. They will address the points you made and may provide counterarguments to support the trial court’s ruling.
Step 5: Oral Arguments
Not all appeals will have oral arguments, but if yours does, this is your opportunity to speak directly to the judges. During oral arguments, both sides can summarize their positions and answer the judges’ questions. This is your chance to strengthen your case by addressing the judges’ concerns directly.
Step 6: The Court’s Decision
After reviewing the written briefs and hearing the oral arguments, the appellate judges will make their decision. This can take several months, as the judges must thoroughly review the facts and laws involved. The judges may affirm the decision, meaning they agree with the original ruling, or they may reverse it, which could mean a new trial or even dismissing charges. Sometimes, they may also send the case back to the lower court for further proceedings.
Factors That Influence the Appeals Process
Several factors can affect the outcome of an appeal in Oklahoma. The clarity of your brief and the strength of your legal arguments are crucial. Additionally, the nature of the alleged errors during the trial plays a significant role. Errors that had a significant impact on the outcome of your trial are more likely to lead to a reversal of your conviction.
Common Misconceptions About Appeals
Many people think that an appeal is a chance for a new trial or to present new evidence. However, an appeal focuses solely on whether legal errors affected the fairness of your trial. No new evidence is presented. This means the appellate court only reviews what was previously submitted to determine if the law was applied correctly.
Tulsa Criminal Appeal Lawyer
The appeals process in Oklahoma is a critical component of the judicial system, offering a pathway for correcting errors in criminal cases. While it is a complex process, understanding each step helps in managing expectations and preparing effectively. A Tulsa criminal defense lawyer can guide you through the appeals process if you believe there were legal errors in your trial. Contact Tulsa Criminal Lawyers by calling 918-416-0358 or contacting us online for a consultation with a criminal defense attorney.