Reputable Lebanon Criminal Appeals Attorneys
Assistance with criminal appeals in Nashville, Mt. Juliet, Cookeville, and throughout Tennessee
When things don’t work out in your favor at trial, and you feel justice was denied to you, there may be a second chance. The skilled Lebanon criminal appeals lawyers at Lowery, Lowery & Cherry, PLLC know how to identify the factors in your trial that might have been handled more effectively.
Appealing your case requires experienced criminal defense attorneys, and we are adept at finding the issues which may present grounds for an appeal, and we present a compelling case on your behalf. We leverage our thorough knowledge of Tennessee law and federal criminal law to uncover mistakes that might have led to your conviction and develop a plan for reversing them.
The following are questions about the appeals process, and how that process might afford you another chance at the justice you deserve.
What is an appeal in a criminal case?
An appeal is essentially a challenge to a trial court’s decision. It is not a re-trial. Rather, appellate courts focus on any legal errors that may have occurred during the trial. As such, there is no jury, and there are generally no witnesses in an appeals case. A panel of judges determines whether the trial court’s errors justify a modified ruling, a retrial, resentencing, or a dismissal of the charges altogether.
What are some of the common grounds for a criminal appeal?
Our Lebanon, TN appellate lawyers have a deep understanding of state and federal criminal law. There are certain errors that happen during trial which may provide grounds for an appeal, including:
- Confusing or improper jury instructions
- Inappropriate actions by your attorney, or ineffective assistance of counsel
- Inappropriate admission of evidence at trial
- Incorrect application of the law
- Insufficient evidence or evidence that was wrongly excluded from the case
- Jury misconduct
- Prosecutorial misconduct
Am I eligible to appeal the decision on my Lebanon criminal case?
Every person who has been convicted by a Tennessee criminal court has a right to appeal his or her case. If you have received an unfavorable outcome in the jury room or at sentencing, then you want an appellate attorney from Lowery, Lowery & Cherry by your side. Our attorneys and team of legal professionals have successfully appealed cases in both state and federal court.
Can I appeal my case because my legal counsel was ineffective?
Many clients come to us when other attorneys have let them down. If an attorney’s ineffective representation or substandard performance caused you an unfavorable outcome at trial, then our knowledgeable appellate attorneys can help you successfully appeal your case.
How does the appeals process work in Tennessee?
After a jury of 12 citizens decides a party is guilty and the judge delivers a sentence, if there are questions about the validity of the conviction, the defendant can appeal his or her case to the Tennessee Court of Criminal Appeals. A three-judge panel will issue a decision.
If the decision of the Court of Criminal Appeals is not favorable, either party may request permission to appeal the decision by the Tennessee Supreme Court. If the Supreme Court grants permission for the appeal, attorneys for both sides may submit briefs and there may be the chance to give oral arguments. If the request for appeal to the Supreme Court is denied, the decision of the Court of Criminal Appeals is the final decision.
Can your firm handle appeals in state and federal court?
We give you the best opportunity to ensure the government provides you with a fair trial in state and federal court. Our attorneys have handled appellate cases for murder convictions, DUIs, and more. Jeff Cherry regularly represents clients who have been convicted of a criminal offense before the Tennessee Court of Criminal Appeals. In addition, most of our attorneys have been admitted to the Sixth Circuit Court of Appeals.
Is a person required to serve their sentence while appealing their case?
Release from prison pending appeal is strictly forbidden for some crimes. It may be possible to receive a stay from your sentence while your appeal is pending, depending on the nature of the offense in question. Your Lebanon appellate attorney from Lowery, Lowery & Cherry can help improve your potential for a successful appeal.
Dealing with a conviction that you believe is unfair can be a frustrating experience. Regardless of the nature of the convictions, our appellate attorneys will provide a thoughtful, aggressive defense to ensure that your rights are protected through every stage of the judicial process.
For more information about the criminal appeals process in Tennessee, you can visit the Tennessee Attorney General’s website.
Schedule a consultation with a skilled appellate lawyer in Lebanon, TN for a confidential consultation
If you need advice about the prospects of a more favorable result on appeal of your criminal conviction or sentence, talk to an experienced Lebanon criminal appellate attorney at Lowery, Lowery & Cherry, PLLC. We serve clients in Nashville, Mt. Juliet, Cookeville, and elsewhere in Tennessee. To set up a consultation, call 615-454-9404 or fill out our contact form.