Experienced Shreveport Criminal Appeals Attorney for State and Federal Appeals in Louisiana
A conviction isn’t necessarily the end of your criminal case. Depending on the circumstances of your case, you may have grounds to file an appeal. Unfortunately, wrongful convictions and harsh sentences occur, even in our justice system, and many people find themselves needing to speak with a Shreveport criminal appeals attorney about their legal rights.
Lee Harville is an experienced criminal appeals attorney who represents clients in state and federal cases. If you have questions about filing an appeal, we strongly encourage you to get in touch. Lee can explain everything you need to know, and he can help you make an informed decision about challenging the outcome of your case in state or federal court.
When Can You Appeal the Outcome of Your Criminal Case
While every case is unique, there are several potential grounds for filing a criminal appeal. This is true at the state and federal levels, though different rules apply in state and federal cases. If you are facing the consequences of an unfavorable ruling or verdict, Lee can examine the proceedings at the trial level to identify any and all grounds for seeking a reversal that protects your freedom, your finances, and your future.
With this in mind, some examples of potential grounds to appeal the outcome of your criminal case include:
- Abuse of Discretion – While trial judges have a significant amount of discretion to make decisions in the proceedings pending before them, this discretion is not absolute. If the judge assigned to your case abused his or her discretion at any stage of the process, you may have grounds to file an appeal.
- Factual Errors at Trial – An appeal is not a retrial. However, if the trial judge or the jury made factual findings that were clearly erroneous and not supported by the trial record, this could provide grounds to file an appeal as well.
- Improperly Excluding or Admitting Evidence – At the state and federal levels, strict rules govern the admissibility of evidence. If the trial judge excluded evidence that you were entitled to present, or if the judge allowed prosecutors to present evidence that should have been excluded, you could be entitled to a different outcome.
- Jury Bias or Misconduct – While the jury selection process and other protections built into the criminal justice system are designed to prevent biased jurors from tainting trial outcomes, this unfortunately still happens. Juror misconduct can happen—and can provide an appealable issue as well.
- Legal Errors Before or During Trial – Along with factual errors, legal errors before and during trial can also serve as clear grounds to file an appeal. Applying the wrong legal standards, providing the wrong jury instructions, and other issues related to the presentation of evidence are just a few examples of legal errors that could entitle you to a new trial.
- Misinterpretation or Misapplication of the Law – When rendering decisions during trial, judges must apply the law as it currently stands. If the trial judge assigned to your case misinterpreted or misapplied the law, resulting in an unjust outcome, Shreveport criminal appeals attorney Lee Harville may be able to use this in your appeal.
- Procedural Errors Before or During Trial – Along with substantive issues, procedural issues can support criminal appeals in appropriate cases as well. If the judge presiding over your case made procedural errors that impacted the outcome, you may be entitled to a reversal and remand for a new trial.
- Sentencing Errors – Along with challenging your conviction, you could also challenge your sentence. If your sentence was excessive under Louisiana law, the Federal Sentencing Guidelines, or the U.S. Constitution, you should not be forced to face any improper or unwarranted consequences.
- Violations of Your Constitutional Rights – Violations of your constitutional rights at any stage of the process can potentially serve as grounds for filing an appeal. This is true at the state and federal levels. In addition to evaluating the potential grounds listed above, Shreveport criminal appeals attorney Lee Harville can also determine if you have any other constitutional grounds to challenge the outcome of your case.
To be clear, not all errors at the trial level necessarily warrant an appeal. If the trial judge made a “harmless error,” for example, appealing the outcome of your case will not produce a different result. With that said, you owe it to yourself to ensure you make informed decisions focused on your future. Shreveport criminal appeals attorney Lee Harville can help you make informed decisions and then take any and all appropriate legal action on your behalf.
Federal Criminal Appeals in Louisiana
Lee Harville handles criminal appeals involving all types of federal charges. If you need to appeal a decision rendered in the U.S. District Court for the Eastern, Middle, or Western District of Louisiana, he can represent you before the U.S. Fifth Circuit Court of Appeals. Lee has decades of experience representing clients in complex federal cases—from allegations of gun and drug offenses to healthcare fraud, tax fraud, and other white-collar crimes.
State Criminal Appeals in Louisiana
Lee Harville also has decades of experience representing clients in state criminal cases across Louisiana. If you have been convicted of a crime in Louisiana state court and have questions about your eligibility to file an appeal, Lee can guide you forward. Just like federal convictions, state convictions can have life-altering consequences, and you should not be forced to face any consequences that are the result of an unfair or erroneous trial process.
How an Experienced Criminal Appeals Attorney Can Help
Due to the complexity of the criminal appeals process and the legal issues involved, if you need to file an appeal, it will be critical to have an experienced attorney on your side. Here are just some of the ways experienced Shreveport criminal appeals attorney Lee Harville can help:
- Determining if You Have Grounds to File an Appeal – Lee can evaluate all potential grounds to appeal the outcome of your state or federal criminal case in Louisiana. This will allow you to make informed decisions about your next steps.
- Filing Your Notice of Appeal – If you have grounds to file an appeal, Lee can preserve your legal rights by filing a notice of appeal on your behalf. It is critical to file this notice before you run out of time.
- Preparing and Filing Your Appeal – After preserving your legal rights, Lee can prepare and file your notice of appeal. Appellate litigation and trial litigation are very different, so it is critical to have an attorney with relevant experience on your side.
- Representing You in the Appellate Court – After filing your appeal, Lee will represent you in the appellate court. Lee has extensive experience advocating for clients at the appellate level in state and federal matters.
- Handling the Next Stages of Your Criminal Case – After your appeal, Lee will be available to handle the next stages of your criminal case. Depending on the outcome, this could involve preparing for a retrial or seeking further review at the next level.
Importantly, strict deadlines apply in both state and federal courts. If you have questions about appealing the outcome of your criminal case, we strongly encourage you to contact us right away.
FAQs: Appealing the Outcome of Your Criminal Case
What are the grounds for a criminal appeal?
There are numerous potential grounds for appealing the outcome of a criminal case. With that said, determining what grounds that you can assert to challenge the outcome of your case (if any) will require a thorough assessment of the specific circumstances at hand. Once you get in touch, Shreveport criminal appeals attorney Lee Harville will be able to evaluate your case and determine what grounds you have to seek a different outcome.
How long do I have to file an appeal in Louisiana?
In most cases, you have 30 days from when you are sentenced to initiate an appeal in a state criminal case and 14 days from the filing of your written judgment to file an appeal in a federal criminal case. This makes it vital to speak with an experienced criminal appeals lawyer as soon as possible. However, you may have other options, so we recommend consulting with an attorney regardless of how long it has been since your conviction.
What happens if I win my appeal?
If you win your appeal, what happens next will depend on the appellate court’s specific ruling and how prosecutors decide to handle the appellate court’s decision. In some scenarios, a successful appeal could result in your case going back to the trial court–either to correct a specific error at the trial level or for an entirely new trial. In others, a successful appeal could be the end of your case.
Contact Shreveport Criminal Appeals Attorney Lee Harville
If you need more information about appealing the outcome of your state or federal case in Louisiana, we invite you to contact us. Shreveport criminal appeals attorney Lee Harville handles state and federal appeals statewide. Call 318-222-1700 or contact us online to schedule a confidential consultation today.