What Happens If I Lose?

Out of the many questions clients have for their attorneys, this is probably one of the most common questions people going into a criminal trial tend to ask. It is obvious and rational for anybody to fear the consequences of a loss in court. However, the exact judgment from the court majorly depends on the type of offense proved. A prior criminal history of the accused and circumstances surrounding the current offense might also prove decisive in this matter. An experienced criminal defense firm can, under certain conditions, assist you in appealing against a court verdict if it goes against you.

Misdemeanors Vs Felonies

Felonies and misdemeanors are the only classifications for all types of crimes within Arizona state. The severity of a misdemeanor can be judged from its class, where class three being the least and class one being the most grievous. The least serious misdemeanors might carry a penalty of $500 plus surcharge, along with 30 days of jail time and probation up to one year. Similarly, class two offenders might spend up to four months in jail along with two years of probation, apart from a $750 fine plus surcharge. The most serious misdemeanors can keep you in jail for a maximum of six months, with three years of probation and a penalty of $ 2500. However, a DUI misdemeanor conviction can bring up this probation to five years in place of three.

Class three convictions might include criminal speeding instances. Severe offenses like reckless driving, some assault forms, and eloping from the scene of an accident can get you a class two misdemeanor conviction. Criminal damage, assault, DUI, and disorderly conduct are considered amongst the most serious misdemeanors in Arizona and fall under the class one category.

Felonies are crimes with more severity than class one misdemeanors and vary in their sentencing structure. Felony offenses typically range from class two to class six, the latter being the least serious ones. Premeditated murder is probably the most serious of all crimes and is considered a class one felony above the rest. The severity of any offense refers to the potential punishment for the same. First-time felony offenders might have a good chance for probation after trial convictions. This might mean that the convicted serves a year in the county jail along with fees and classes as instructed by the court.

If you are convicted of a felony more than once, then your subsequent punishment increases significantly. This will also make you ineligible for receiving probation following a conviction trial. Every time you are convicted of a felony crime, the harshness of punishment keeps multiplying.

What Are My Options After Losing A Trial

The hopelessness and feeling of despair after an unfavorable ruling by the judge is understandable. But assuming that as the end of the tunnel might not be quite wise. You can always appeal if you feel that you are not satisfied with the ruling. Our court system follows a certain hierarchy, which means that a judge’s final word in one courtroom can be challenged elsewhere if desired. If a decision from a lower court does not satisfy you, you can always appeal at a higher court. However, certain things need to be understood before you decide to appeal:

1.Time Is Crucial

A trial decision leaves you with limited time to exercise an appeal. This right is strictly provisioned by the law. Typically, you might be allowed a maximum of 30 days after the final judgment to appeal for most cases. Failing this might mean that you won’t be able to exercise that option. An attorney might know the best ways to handle your appeal and confirm its validity. Moreover, there are several notices and motions that need taking care of within that period of 30 days.

2. Limitations To An Appeal

An appeal does not necessarily result in a new trial for you. Instead, a higher court might analyze the way your previous case was handled by the concerned judge. The objective of such scrutiny is to determine any human error in the last judgment. For instance, any improper determination of applicable laws to the case might require reconsideration. Barring the review of original trials, there are no new trials conducted in appellate courts. Your lawyer may argue in an attempt to overturn the original decisions before the appellate counsel. Issues that might be subject to an appeal include decisions not in accordance with the evidence, erroneous exclusion of favorable evidence, or claim compromised due to your lawyer’s professional malpractice.

3. Appeal For A Criminal Case

Criminal cases differ from most other types in terms of few specific concerns. As a result, handling an appeal for such a case might be legally tricky. Decisions against your criminal case might include a sentence for jail detention depending on the severity of the proven offense. In such a case, you might require permission from the judge against a bail bond to appeal your case. Moreover, entering into a plea of “guilty” or “no contest” without facing a trial can also be a reason for your conviction of a crime. That way, you might be limiting your chances to appeal for several issues. Things might change if a prior reservation for specific appealing had been taken care of by your lawyer.

4. Appeal Are Mainly Contested On Paper

Submission of written briefs from all concerned parties forms the basis of contested appeals. Generally, appellate court hearings are carried out without oral arguments through documental reviews. Exceptional oral arguments might be entertained but only in brief mostly. Any request from your end for oral arguments remains at the higher court’s discretionary permission. Considering these facts, the importance of hiring an attorney with exceptional skills in legal representation through concise and lucid writing becomes essential.

Whatever be the case you are fighting in the court, evaluating probable punishment on losing is extremely crucial. Knowing the possibilities make you better prepared in terms of comparative evaluation of any plea offers and appropriate decision making. If you need to discuss your case and rights, please visit us at https://arizonacriminalattorney.co/mesa/

The Hogle Law Firm in Mesa
1013 S Stapley Dr Mesa AZ 85204
(480) 999-5334

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