Criminal Appeals Attorney in Kansas City, Missouri

Facing a criminal conviction can be devastating, but it does not have to be the end of the road. If you believe there were legal errors made during your trial, you have the right to challenge the verdict through a criminal appeal. An appeal is not a new trial but rather a mechanism to review the legal aspects of the original trial. Going through the appeals process in Kansas City, Missouri, requires a deep understanding of both legal statutes and appellate procedures.

This is where dedicated legal counsel becomes indispensable. 

At JP Law, I offer robust appellate representation. As an experienced criminal appeals attorney, I know how to analyze trial records meticulously to identify possible errors that could have influenced the outcome. If you or a loved one is dealing with the aftermath of a criminal conviction in Independence, Liberty, Clay County, Blue Springs, Jackson County, or anywhere else in Missouri, please reach out to my KC office for a consultation. 

Understanding Criminal Appeals in Missouri 

A criminal appeal is a request to a higher court to review and change the outcome of a court decision. In Missouri, the appeals process serves as an essential check to ensure that justice has been properly served. Appeals typically challenge specific legal or procedural errors, such as improper admission of evidence, misinterpretation of the law, or insufficient evidence to support the verdict. 

Common Grounds for Appeals

There are numerous reasons why an appeal might be warranted. Some common grounds for appeal in Missouri include: 

• Legal errors: Mistakes in the application or interpretation of the law by the trial court. 

• Procedural issues: Violations of fair trial procedures, such as erroneous jury instructions or improper admission of evidence. 

• Ineffective assistance of counsel: Inadequate representation by the defense attorney that affected the trial's outcome. 

• Insufficient evidence: A verdict not supported by the evidence presented at the trial. 

The Appeals Process in Missouri

Filing a Notice of Appeal 

To start the appeals process, your attorney must file a Notice of Appeal. This must be done within a specified period after the trial court's final judgment. This critical step preserves your right to appeal and initiates the appellate review. 

Appellate Briefs 

Both the appellant and the appellee submit written briefs. These documents contain detailed arguments, referencing legal statutes and prior case law to support their positions. This phase demands a skilled attorney capable of crafting compelling and precise arguments. 

Oral Arguments 

In some cases, the appellate court may schedule oral arguments. This provides both parties with an opportunity to further elaborate on their position before a panel of appellate judges. Effective oral advocacy can be pivotal in swaying the court's decision. 

Appellate Court Decision 

After reviewing the briefs and hearing oral arguments, the appellate court will issue its decision. The court may affirm the lower court's decision, reverse it, or remand the case for further proceedings. The timing and implications of this decision vary and depend on the specifics of the case. 

Further Appeals 

In some instances, there may be additional avenues for appeal. This could involve taking the case to a higher appellate court, such as the Missouri Supreme Court or even the United States Supreme Court in rare cases. 

Relevant Statutes as They Relate to Appeal Rights:

§ 547.010. Verdicts may be set aside, and new trials awarded on the application of the defendant. A new trial is a reexamination of the issue in the same court; the former verdict shall not be used or referred to on the subsequent trial, either in the evidence or argument. 
§ 547.020.The court may grant a new trial for the following causes, or any of them (paraphrased): 

1. When the jury receives otherwise inadmissible evidence; 

2. Jury misconduct; 

3. When a verdict is reached without a fair opinion from all the jurors; 

4. When the court has misdirected the jury in a material matter of law; 

5. When the verdict is contrary to the law or evidence. 

§ 547.030. The motion for a new trial shall be in writing and must set forth in detail and with particularity, in separate numbered paragraphs, the specific grounds or causes therefore. Such motion shall be filed before judgment and within four days after the return of the verdict; provided, on application of defendant, the court may extend the time for filing such motion for a period of thirty days; provided further, the court shall have no power to make another or further extension of the time for filing said motion. 

Other Considerations

New technology has allowed for many motions for new trials to be granted for such reasons as DNA evidence, computer technology and other reasons. Generally speaking, you need to understand the following in relation to the statutes listed above: 

1. You have little time to spare if you intend to appeal a conviction. 

2. You have automatic rights to an appeal if you’ve been sentenced to death. 

3. You need an experienced attorney to handle your appeal. 

Criminal Appeals Attorney in Kansas City, Missouri

Appeals involve complex legal principles and detailed record scrutiny. A knowledgeable attorney will not only identify the critical flaws in the trial process but also present them cogently before the appellate court. At JP Law, I bring a meticulous and strategic approach to every appeal. 

You do not have to accept your conviction as the final word. With the right legal guidance, you can challenge errors and seek a fair outcome. At JP Law, I am ready to provide the skilled appellate representation you deserve. Schedule a consultation today to discuss your appeal and take the first step toward reclaiming your future.