Criminal Appeal Attorney In Anoka, Minnesota
In criminal cases, it is the right of a defendant to appeal if they are not satisfied with the outcome of their case. The appeal may be made to the Minnesota Supreme Court or the Minnesota Court of Appeals, depending on the circumstances surrounding the case. In addition to appealing whether or not there was enough evidence to convict the defendant of the crime, the defendant can appeal any issue that come about during the trial.
If you have been convicted of a crime and you are not satisfied with the outcome, you can appeal. It is imperative to utilize the services and experience of an Anoka appeals lawyer who knows how appeals court works and who can prove your stance.
Fighting For Your Freedom
It is important to understand what happens to the original decision during the appeals process. The original decision remains in effect during the appeal. That is unless the court issues a “stay pending appeal.” To obtain a stay, a motion must be filed. Prior to filing the motion for a stay pending appeal, the request to issue a stay must first be submitted to the judge. In order for the stay to be successful, the appeals attorney needs to be able to show the following:
- The appeal presents a meritorious issue and there is a likelihood of success on the merits
- Enforcement of the judgment pending appeal will result in irreparable harm
- Assessment of the hardship reveals that not granting the stay would result in greater harm
The evidence that the court needs usually comes as testimony through a written affidavit.
Helping You Make Informed Decisions
Your Minnesota criminal defense attorney has a responsibility to communicate well with you. This means presenting your options to you and telling you the expected outcome of each decision so you can make informed choices that will have an impact on your future.
Mr. Peterson will evaluate your chances of success if you wish to appeal. You will be given an estimated length of time for the appeals process and informed of what the expense will be. From here, you will be advised on whether or not it is in your best interest to file an appeal. While there are times where it may seem reasonable to do so, there are times it may not be. Whether or not an appeal is the best course of action depends on the circumstances surrounding your unique case. From there, you will receive the information that you need throughout the process so that you always know what is happening and what decisions will be best for you throughout.