Notice of Appeal

If you or someone you know has been convicted of a crime in Weddington, North Carolina, you likely want to appeal that decision. It is important to understand the appeal process in a criminal case and whom you must notify that you intend to appeal your conviction. When a factfinder has found the defendant in a criminal case guilty of a crime in Weddington, North Carolina, he or she has the right to appeal the negative outcome either by announcing the appeal in open court, or by filing a Notice of Appeal.

First, a person who is convicted of a crime may verbally announce in court – or the defense counsel may do so – his or her intention of appealing the judgment. If the appeal is announced in open court, the judge presiding over the matter may mandate that the individual seeking the appeal pay a bond while the appeal decision is pending. The sum of the bond and its specific terms are typically set at the preference of the judge presiding over the accused’s trial.

If the individual appealing a Weddington criminal conviction has been found guilty of what is considered a serious crime, then he or she may be put back in the custody of the state while the appeal decision is unresolved. That being said, the individual appealing a conviction may still petition the trial court and request that he or she be released during the pendency of the appeal. A North Carolina trial court may not order a release while the appeal is being decided but has the discretion to do so. Moreover, the trial court may implement specific limitations on the individual on top of requiring that the person pay a bond. Of course, a North Carolina trial court may decide to deny a convicted individual’s release while an appeal decision is unresolved. Release pending an appeal is denied generally when the individual taking the appeal is a considered a threat to the public or is at risk of fleeing.

An accused is not required to appeal the conviction immediately in open court. Sometimes, the individual is not completely certain whether or not to pursue the appeal process, as it can be lengthy and expensive. That being said, there is a time frame in which the accused must make a decision and notify the court appropriately. This time frame is 10 days from the court’s conviction and must be done so by way of a Notice of Appeal filed in the appropriate North Carolina appellate court. A Notice of Appeal (NOA) recites specific information about the individual’s case. This includes the individual’s legal name, the criminal case number assigned by the court, the county in which the trial was heard, and a brief articulation of the accused’s intent to appeal the conviction.

Once an NOA is filed, the matter will be docketed or placed on the court’s calendar. This depends on what the case type is and the which court the individual is appealing. Of note, one of the first actions your attorney will need to take is to have the record on appeal be “settled,” which is a long and complex process. This is important because the person appealing has a deadline within which an appellate brief must be filed.

It is quite common for criminal defendants to believe the trial was handled in a way that was not fair. As important as these sentiments are, it is critical to know that this in and of itself is not a sufficient enough basis to succeed in an appeal of a criminal conviction before a North Carolina appellate court. Instead, a person must establish to the appropriate court of appeal that the conviction was a result of an error in law or procedure, a violation of Constitutional rights, the violation of a state statute, or through prejudice that was caused by errors or intentional conduct purposefully directed at the defendant during his or her trial. While these are just some, but not all, of the reasons that are formally recognized for appealing a Weddington criminal conviction, there are limited options under the law. It is critical to understand the applicable law if you or someone you know is considering an appeal of a criminal conviction in Weddington.

North Carolina appellate law is quite complex. Unfortunately, even experienced attorneys may become confused with or misunderstand the special rules of appellate procedure and/or deadlines. Your liberty is essential and without the support of a knowledgeable and practiced appellate attorney, you will likely be hindered in your Weddington criminal appeal case.

Arnold & Smith, PLLC attorneys have extensive experience advocating for the rights of their clients in both state and federal courts. Our lawyers are also experienced in appellate procedures and legal strategies in the appeals process. If you have been convicted of a crime in Weddington or any other part of North Carolina and need help to appeal your case, or if you already started the appeals process and need assistance completing it, contact our firm today.