When a conviction is handed down in a criminal case and the convicted individual has not pled guilty, he will have the right to appeal the judge’s or jury’s conviction by filing an appeal with a higher court, known as the appellate court. It’s important to note that:
- Appeals are automatically allowed in any criminal case that involves the death penalty in Colorado.
- Prosecutors are not allowed to appeal acquittals (as this would violate the Fifth Amendment’s double jeopardy clause, which states that a person cannot be tried for the same crime twice); appeals are only legal recourse to defendants who have been convicted of a crime.
- If the appellate court grants the appeal, the conviction may be reversed, and the case may be retried by prosecutors.
- If the appellate court denies the appeal, then the conviction stands.
- Individuals can continue to file appeals to their conviction as long as they have not exhausted the maximum number of appeals allowable in their case.
Filing an appeal to a conviction is an important component of the criminal justice system, as mistakes made by the court, juries, prosecutors or even other defense attorneys could result in unlawful or unreasonable convictions.
Denver Criminal Defense Lawyers
The authorities take allegations of felony crimes, particularly when they have allegedly been committed by individuals who have a criminal record or when they involve victims, extremely seriously, and these charges – even if a person is ultimately acquitted of them – can have a devastating impact on a person’s personal and professional life. If you or a loved one has been accused of any felony or misdemeanor crime in Denver, you will need an experienced defense attorney who is dedicated to defending your rights.
At the Law Office of Andres R. Guevara, our skilled Denver criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.