{"id":1009,"date":"2018-08-20T16:33:16","date_gmt":"2018-08-20T16:33:16","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1009"},"modified":"2018-08-20T16:33:16","modified_gmt":"2018-08-20T16:33:16","slug":"the-3-most-common-actions-appellate-courts-take","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/the-3-most-common-actions-appellate-courts-take\/","title":{"rendered":"The 3 Most Common Actions Appellate Courts Take"},"content":{"rendered":"

If your case is headed for appellate court, you may be interested in learning what outcomes might come about. Most often, an appellate court will take one of three actions: affirm, vacate, or modify. Continue reading to more about each action, and how you can best prepare for your upcoming hearing.<\/font><\/h3>\n

\"Criminal

Criminal Defense Law Firm 317-636-7514<\/p><\/div>
\nTypically, an appeals case is reviewed by a panel of 3 or more judges. They will go over all the details and aspects of your appeal and your appeal brief, before making a decision on your case. During this review hearing, defendants are not usually ordered or requires to appear in court. In place of you appearing in court during this time of review, the appeals court can set your case for \u201coral argument\u201d, meaning your lawyer can verbally argue your case in front of the judges. <\/p>\n

❶<\/font> Vacate<\/font><\/h1>\n

If the majority of judges on the panel decide that your appeal is correct, they will remove, or \u201cvacate\u201d, the conviction handed down by the lower court. This entitles you, as the defendant, to a new trial in the lower court, whether state or federal.<\/p>\n

❷<\/font> Affirm<\/font><\/h1>\n

If the majority of judges on the panel decide that your appeal is incorrect, they will stand by, or \u201caffirm\u201d, the lower court\u2019s conviction. This means you cannot ask for a new trial in the lower court, and you will have to accept the judgement and subsequent sentence. <\/p>\n

❸<\/font> Modify<\/font><\/h1>\n

If the majority of judges on the panel decide that your appeal is both correct and incorrect, they will make changes, or \u201cmodify\u201d, the conviction of the lower court. In this case, you may be entitled to reduced penalties, such as fines, community service, and jail time. Although they make some changes, the rest of the lower court\u2019s judgement will stand.<\/p>\n

How to Best Prepare for Your Appeal<\/font><\/h1>\n

Appellate courts are much different from criminal courts in terms of process and procedure. In order to present an appeal to the best affect, you would need the services of a skilled Indianapolis criminal defense lawyer<\/a> because they have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.<\/p>\n

Most often, a defendant would use their current criminal defense attorney to represent their appeal. If you do not wish to use the same lawyer, choose a specialized attorney who is expert-certified by the state\u2019s bar organization to practice criminal defense, and who also has experience with appellate law.<\/p>\n

Indianapolis Criminal Defense You Can Trust<\/strong><\/h2>\n

\"David

David E. Lewis Attorney at Law 317-636-7514<\/p><\/div>Call Attorney David E. Lewis at 317-636-7514<\/strong> for Indianapolis criminal defense for appeals in Indianapolis, Indiana. We never stop fighting to preserve your rights and your freedoms. Plus, we offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your appeal!<\/p>\n","protected":false},"excerpt":{"rendered":"

If your case is headed for appellate court, you may be interested in learning what outcomes might come about. Most often, an appellate court will take one of three actions: affirm, vacate, or modify. Continue reading to more about each … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[464,526,394,393,525],"class_list":["post-1009","post","type-post","status-publish","format-standard","hentry","category-criminal-law","tag-appealing-felony-conviction","tag-appellate-court-decisions","tag-appellate-court-indiana","tag-appellate-lawyer-indianapolis","tag-indianapolis-criminal-defense-appeals"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1009","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1009"}],"version-history":[{"count":3,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1009\/revisions"}],"predecessor-version":[{"id":1013,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1009\/revisions\/1013"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1009"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1009"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1009"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}