South Carolina State Appellate Court Law Firm
If you are convicted of a crime or are otherwise unsatisfied with the outcome of your case in South Carolina's Court of Common Pleas or Court of General Sessions, do not give up hope. The judge or your lawyer may have made a mistake during the course of your trial. Or something may have been done improperly or your rights may have been violated during the course of your case.
Any of these possibilities could mean that you have the right to appeal your case.
Appealing your case basically means that if you can establish that an error was made in the Circuit Court, you get a second chance to prove your side. An appeal is not a new trial, but it is a second chance to present your case by offering a written argument and having your attorney deliver a short oral argument that asks the appellate court to review previous paperwork and transcripts from your case.
When It Comes to Appeals, Timing Is Everything
To appeal, paperwork must be filed within 10 days of being sentenced. Therefore, if you think that an error was made in the Circuit Court, it is essential to contact an appellate attorney immediately.
An experienced Lexington County appellate court attorney will review the record of your case, looking for errors that could have resulted in you being wrongly convicted or sentenced.
The South Carolina Court of Appeals and Supreme Court
In South Carolina, there are two appellate courts: the South Carolina Court of Appeals and the South Carolina Supreme Court. Most cases are appealed directly to the South Carolina Court of Appeals, which has to hear all cases that are filed.
Regardless of whether you were convicted of a crime at trial or you entered a plea of guilty, if you think an error was made, you can appeal. The Court of Appeals has the power to agree with (affirm), disagree with (reverse) or modify the lower court's decision.
When the Court of Appeals issues a final opinion, either party involved has the right to appeal the decision to the South Carolina Supreme Court. But, unlike the Court of Appeals, the Supreme Court has the power to decide whether or not to hear the case (grant certiorari).
In cases involving the death penalty, however, appeals are brought directly to the South Carolina Supreme Court. For most other cases, the Court of Appeals must first hear the case and issue an opinion before you can ask the Supreme Court to review it.
Contact South Carolina Appeals Lawyers
Because appeals are usually your last chance to deal with an unfavorable result, it is important to select an attorney who is experienced in handling appeals. At the Law Offices of Richard J. Breibart, LLC, our state court lawyers are experienced handling cases in the South Carolina Court of Appeals, as well as in federal appellate courts. To learn more, contact us online or call 866-645-8743. We represent clients throughout the state, from Richland County to Beaufort County.
