Understanding the Direct Appeals Process

Trials in court are not perfect processes. Our court system is run by humans, and humans can be prone to error. And while error is never good in the legal system, it is particularly troubling in the criminal legal system, where defendants’ lives are at stake.

So, what can someone do if he or she feels there was a conviction entered because of an error or a mistake? They can appeal.

Read on as our Louisiana post-conviction relief attorney, Philip B. Adams explains more.

Why Appeal? 

Many people don’t understand the direct appeals process, simply because, unlike a trial, appeals are not commonly shown on TV or in the movies. Many people think of a direct appeal as a “second trial,” which isn’t entirely true.

During the course of your criminal trial—including all the decisions the judge will make, even before the trial, through various hearings—mistakes can be made. The mistake can be allowing improper evidence, an improper jury instruction, or a larger constitutional violation. 

And if any of those mistakes are enough to really have affected the outcome of your case, you have a right to appeal your jury verdict to a higher court—an appellate court.

What is an Appeal? 

An appellate court is not a “second bite at the apple,” in that you don’t get to just retry your 

entire case again, or even argue that the jury decided wrongly. Rather, you must point to and pinpoint some error that was made at some point in the case that resulted in an incorrect jury verdict.

In an appeal, there is no new evidence presented, and there is no jury. There is only your attorney, in front of a panel of judges, trying to convince them that there was an error during your initial criminal trial.

What if You Win the Appeal? 

Of course, appeals aren’t easy—judges tend to give a lot of credibility to what other judges, and of course, juries, who actually heard your initial criminal trial, decided on. But if the appellate court does feel that there was an error in your initial case, they can often do one of two things.

In some cases, they may just completely overturn the jury verdict of guilty. In other cases, and more often and more likely, they send your case back to the lower court for a brand new trial (this time, hopefully, without the error(s) that caused your first criminal trial to be unfair).  

In some cases, if you win your appeal, the state may have the ability to retry you. Whether they do or do not is up to them, but it does happen that, fresh off losing an appeal and facing having to retry you, the state offers a better deal, or a plea bargain. 

In some cases, if the appellate court finds that there was insufficient evidence to prove your guilt at trial, the appellate court’s ruling serves as a final judgment, meaning that under the constitutional double jeopardy clause, you cannot legally be retried for that same crime.

Contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana.