Criminal Appeals
Practice Areas
Greenville, South Carolina Criminal Appeal Lawyer
Being convicted of a crime can have a profoundly adverse effect on various aspects of a person’s life. They may be ordered to pay a fine or serve jail time, and a permanent criminal record could hinder their ability to find jobs, secure loans, and participate in elections. Luckily, a conviction doesn’t have to be the end of a criminal case.
In the United States, everyone convicted of a crime has the right to appeal the court’s decision to a higher court in the hopes of receiving a more favorable outcome. However, they may only be able to do this if there was a mistake made during their original trial.
Successful appeals in a criminal case can make a world of difference in the outcome, but the appeals process is very complicated and has a number of very strict deadlines. That’s why it’s important for those looking to appeal their criminal case to hire an experienced appellate attorney who can help them through the process.
If you or a loved one has been found guilty of a crime as a result of a miscarriage of justice, AnneMarie Odom Law can help. AnneMarie Odom is committed to serving Greenville, South Carolina residents with experienced legal counsel and can help you file a successful motion for appeal in the wake of your conviction. Call (864) 775-5833 or send us a message online to schedule a consultation with our criminal lawyers in Greenville, SC regarding your case today.
What is a Criminal Appeal?
Criminal appeals are legal proceedings that allow someone previously convicted of a crime to receive a chance at a new criminal trial. An appeal is a review of the previous court’s proceedings and verdict, allowing the defendant to point out any mistakes or legal errors made by the court during their trial.
Since criminal cases have such high stakes, like imprisonment or even death in some cases, it’s important that the court is just and impartial in its decision. When judges or attorneys make mistakes, it can cause a defendant to receive an unjust conviction or sentence. The appeals process allows those who have already been convicted to receive a second chance at justice.
What is a Motion to Vacate?
When someone is convicted of a federal or state crime, they can file what is called a motion to vacate judgment with the appeals court. If the person convicted of the crime had their constitutional rights violated, new evidence has been discovered, or their criminal case suffered as a result of a procedural error, they can file a motion to vacate their previous judgment and have the verdict withdrawn. This gives them a chance at a new trial in which they may receive a different outcome.
What is Post-Conviction Relief?
Post-conviction relief (PCR) is another kind of appeals motion, but it is usually only used as a last resort if a person’s motion to vacate is denied. Post-conviction relief enables a person previously convicted of a crime to reargue their case in court and potentially have their sentence modified or receive another opportunity for a fair trial.
Under South Carolina criminal law (aka the Uniform Post-Conviction Procedure Act), a motion for post-conviction relief is typically filed when the defendant believes their conviction or sentence was the result of:
- Ineffective assistance of counsel
- Prosecutorial misconduct or jury misconduct
- Violation of constitutional rights
- New evidence that wasn’t available at trial
If the PCR motion is accepted, the judge in the case may modify the person’s sentence, order a new trial, or order other forms of post-conviction relief.
While a motion to appeal is filed with the appellate court, a motion for post-conviction relief is submitted to the original court that handled the case. Additionally, in a post-conviction relief case, the petitioner (the person who filed the motion) is able to present new evidence, offer new testimonies, or address the court in their defense, which they would not be able to do in a motion to vacate judgment.
In South Carolina, individuals seeking Post-Conviction Relief (PCR) must file within one year of either the date their conviction becomes final or the issuance of the appellate court’s decision. Because this deadline is strict, it’s essential to reach out to our knowledgeable appellate lawyers in Greenville, SC as soon as possible to preserve your rights.
How Does the Criminal Appeal Process in the South Carolina Court System Work?
There are quite a few steps to the criminal appeals process. For criminal convictions in state court, the motion to vacate must be filed with the South Carolina Court of Appeals. After that, if the losing side was not satisfied with the outcome of the appeal, the petition can be taken to the South Carolina Supreme Court or later, the U.S. Supreme Court.
For federal convictions, the motion must be filed with the local district Supreme Court. For South Carolina, that’s the U.S. Court of Appeals for the Fourth Circuit.
It’s important to note that when cases are taken to either the South Carolina or the U.S. Supreme Court, they aren’t guaranteed to be heard. In that case, if the person who was convicted wants a different sentence or outcome for their case, they may have to file a motion for post-conviction relief.
Procedural Steps and Timelines for Filing a Criminal Appeal
After a person is convicted of a crime and sentenced, the person who was convicted must file a notice of appeal to the appropriate circuit court and the original court that handled the case within 10 days of sentencing. In most cases, this notice is usually a one-page document that includes basic information about the case, including the name of the court, the docket number for the case, and the date of the sentencing.
Challenging a Criminal Conviction
In order to actually challenge a criminal conviction, the defendant has to have grounds for an appeal. If they believe they were wrongfully convicted or that their sentence was unjust, they have to have evidence that supports the fact that they were not given a fair trial. This can include things like factual issues, errors made by the judge or jury, or omissions of admissible evidence that affected the outcome of the case.
Preparing and Filing an Appellate Brief
After filing a timely notice of appeal, the appellant (the person who filed the notice) can begin working on their appellate brief. This brief includes an overview of the case, as well as statements of any errors that occurred in the original trial. Appellate briefs are usually no more than 50 pages long and are normally put together by appellate lawyers who understand the South Carolina appellate process.
The appellate brief must be filed either within 30 days of receiving the original court transcript or, if a transcript isn’t ordered, within 30 days of filing the notice of appeal.
Oral Arguments and Appellate Advocacy
After the brief is filed, the appellant may request to appear in front of the Court of Appeals and make an oral argument as to why the original ruling should be withdrawn. In this case, the appellant speaks in front of a panel of judges for a limited amount of time. After they speak, the appellee (the person defending the original court’s ruling) is allowed to speak for a limited time. For appeals regarding criminal cases, the appellee is the state of South Carolina, which is represented by a state prosecutor assigned to the appeal.
After both sides speak, there’s a brief time for either side to make a rebuttal or reply argument. The judges present at the hearing are allowed to ask questions to the appellant and appellee. After the arguments are made, the court will render a written opinion within a few months regarding its decision.
Do I Need a Lawyer for Criminal Appeals?
If you’ve been found guilty in a criminal case, securing experienced legal representation is critical. The appellate process is highly technical and requires a deep understanding of both federal and state court procedures. Before a petition can even be filed, your attorney must analyze the trial record to identify valid grounds for appeal, such as legal errors, procedural violations, or constitutional issues.
Appeals are not a second trial. Instead, they focus on whether mistakes were made that unfairly impacted the outcome of your case. An attorney skilled in appellate practice will handle the in-depth preparation required to argue your position before the appellate court, including drafting legal briefs and, if granted, presenting oral arguments.
Because not every party is eligible to appeal and deadlines are strict, it’s important to act quickly. Appellate lawyers know how to fight for a reversal, reduced sentence, or new trial and can help determine the strongest strategy based on your case history. Whether your appeal proceeds through the state court system or reaches a federal court, having the right legal advocate can make a significant difference in the final outcome.
Work With a Greenville Appellate Lawyer at AnneMarie Odom
A guilty verdict does not have to be the end of your case. If your criminal conviction was unjust or the result of a legal error, South Carolina criminal appeal lawyer AnneMarie Odom is here to help. As an experienced trial lawyer who has represented clients at both the appellate level and in trial courts, she understands how to challenge convictions before the South Carolina Supreme Court and other appellate courts.
Attorney Odom can review your case, determine if an appeal is warranted, and act tenaciously on your behalf to pursue a more favorable outcome. To discuss your legal options with an experienced Greenville criminal defense lawyer, contact our law office at (864) 775-5833 or complete our online form to schedule a confidential consultation.
Call our Greenville, SC law office today to schedule a free consultation to go over your legal options, or simply fill out our online intake form to get started.
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