The term appeal comes from the French “appeller” which means to call upon, summon or challenge one or not. The criminal appeal is an appeal which is a procedure of the code of criminal procedure to have a criminal conviction overturned or reduced sentence for a person who has been found guilty of.
The main purpose of the criminal appeal is to find legal error by reviewing the activities of the trial court. The defendant or convicted representative can file for an appeal in the appellate division of the higher court which is known as The Appellate Court. After approving of the appeal, The Appellate Court will only review the records of the lower court or district court’s proceeding and do not consider new evidence. The court’s reporter’s transcript of statements by the judge, attorneys, witnesses and any documents or objects entered as evidence is considered as records. The defendant’s lawyer files a brief explanation about the error which is claimed on the appeal and the prosecutor also files a brief about the rebuting of the appeal and asking for the judgment to be upheld. Generally a brief response is permitted and in a few cases the appellate court will allow oral arguments from the two sides before giving a decision. Examples of grounds for an appeal include, but are not limited to:
- Mistake of laws or court procedures: A defendant's criminal case could have been hurt if judges, attorneys, or others incorrectly interpreted or presented laws relevant to the matter or failed to follow the rules of the court.
- Incorrect jury instructions: Jurors can make erroneous decisions in a criminal case if the judge did not correctly instruct them on the elements of the offense or the evidence they should consider when deciding whether the defendant is guilty.
- Misconduct by lawyers or jurors: Misconduct can include, but is not limited to, dishonest acts, deceptive practices, or jurors doing their own investigations concerning the case.
- Ineffective assistance of counsel: The defendant could argue that their defense lawyer's representation fell below reasonable standards and they acted or failed to act in a way a competent attorney would have under similar circumstances.
- Abuse of discretion: In some cases, judges might go beyond the bounds of their authority when deciding what does and does not happen at trial. Unreasonable or arbitrary decisions could impact the outcome of the case.
- Insufficient evidence: A defendant can argue that the judge or jury convicted them based on evidence that did not prove guilt beyond a reasonable doubt.
At an appeal trial, the defendant must prove beyond a doubt that an error was made and that error was serious. If the error does not affect basic rights are considered as harmless. Even though it’s rare, if an error was found enough to be presumed harmful and can be proven, then it may result in the reversal of the conviction. The other outcomes of an Appeal:
- Affirm: The justices agree with the lower court's decision, and the conviction or sentence remains as is.
- New trial: The justices order that the lower court hears the case again.
- Remand: The justices send the case back to the lower court with remedies for curing the error.
How can we help you?
Welcome to Zeroplus-Legal, your steadfast partner in navigating the intricate realm of the Criminal Appeal in Bangladesh. Our dedicated legal team is here to provide you with expert guidance and unwavering support when it comes to matters concerning personal liberty and freedom.
Our Expertise in Criminal Act Matters:
Immediate Action: We understand the urgency associated with criminal cases. Our legal experts swiftly analyze your situation and initiate prompt legal actions to secure your release from unlawful detention.
Legal Strategy Development: Our experienced attorneys craft strategic plans tailored to your specific circumstances, ensuring the strongest case possible for the issuance of approval of criminal appeal.
Application Drafting and Filing: We meticulously draft and file criminal appeal applications with the appropriate courts, presenting compelling legal arguments that emphasize the violation of your fundamental rights.
Appellate Court Representation: Zeroplus-Legal's seasoned litigators passionately advocate on your behalf during criminal case hearings, ensuring that your voice is heard, and your rights are vigorously defended.
How Zeroplus-Legal Can Assist:
Comprehensive Consultation: We provide detailed consultations to help you understand the intricacies of the Criminal Appeal, explaining your rights and the legal remedies available to you.
Application Preparation: Our legal experts meticulously prepare criminal case applications, articulating legal arguments that highlight the deprivation of your liberty and the urgency of your appeal.
Urgent Legal Actions: Understanding the time-sensitive nature of criminal cases, we initiate immediate legal actions to secure your release from unlawful detention.
Courtroom Advocacy: Zeroplus-Legal's experienced litigators represent you passionately during criminal appeal hearings, ensuring that your rights and liberties are protected throughout the legal proceedings.
Legal Research: Our team conducts thorough legal research to support your case, strengthening arguments with precedents and legal principles.
Why Choose Zeroplus-Legal:
Legal Advocates: Our legal professionals possess a deep understanding of the criminal appeal and relevant procedure, offering expert advice and representation.
Tailored Approach: We recognize that every criminal appeal is unique. Our strategies are tailored to your specific situation and the urgency of your matter.
Ethical Advocacy: We uphold the highest ethical standards while advocating for your rights, ensuring a fair and just legal process.
Transparent Communication: We believe in transparent communication, keeping you informed about the progress of your appeal and the options available to you.
Client-Centric Focus: Your personal freedom matters to us. We provide unwavering support, working relentlessly to secure your release from unlawful detention.
Proven Success: Our successful track record in handling criminal appeal underscores our proficiency in this specialized legal field.
At Zeroplus-Legal, we understand the critical nature of criminal appeal matters and the urgency they demand. Contact us today to leverage our expertise and embark on a legal journey that seeks to restore your personal liberty and safeguard your fundamental rights. Your freedom matters, and we are here to stand by your side throughout the process.