What is the difference between a trial and an appeal?

Many clients do not understand the difference between these two stages of a criminal proceeding. Before trial, the client has not been found guilty and will either have the case dismissed, enter into a plea agreement, or proceed to a jury trial. It is important to have the best representation at this stage because the chances of having your case be dismissed are the greatest at the earliest stage of the case.

After a person has been found guilty, he or she has a right to an appeal. It is important to hire an attorney who has written many appeals. The rules governing appeals, including deadlines, are very complex. The appellate court does not sit like a jury but reviews the decision of the lower court (usually the jury) to see if the trial was fair or if their were mistakes made by the judge. An appeal may result in the charges being dismissed, but more often will result in a reversal of the charges. If the charges are reversed, your attorney may be able to have your sentence reduced or negotiate a time served sentence for you.