Nevada Revised Statute 177.015, explains when appeals are permitted in a criminal action. Both the plaintiff and the defendant are able to appeal under appropriate circumstances. If you have been convicted of a crime or had any adverse outcome in a criminal proceeding, it is important to understand how the appeals process works so you can make smart and informed choices about how to fight the unfair adverse outcome.
The appeals process can be complicated for defendants and it is difficult to understand whether you actually have grounds to appeal or how to proceed if you do. You need to have a Las Vegas defense attorney who understands how appeals work and who can assist you in making convincing arguments to the court for why a decision should be overturned. If the prosecutor appeals a decision that was favorable to you in your criminal case, you also need to be prepared with how to respond with appropriate legal arguments.
LV Criminal Defense can provide invaluable assistance with the entirety of the appeals process. We understand how appealing works, what kinds of arguments can help defendants prevail, and what you can do to try to get justice and protect your future. Give us a call to find out more about the ways in which we can assist you as you appeal your case.
According to N.R.S. 177.015, both a defendant and the state can appeal under appropriate circumstances. The state, however, is not allowed to appeal a final judgment in a criminal verdict. Only the defendant can appeal the verdict in a criminal case, because double jeopardy rules protect defendants from having to go through a second trial once a judge or jury has acquitted. Defendants are also restricted from appealing, except in limited circumstances, if they voluntarily and knowingly entered a plea of guilty, guilty but mentally ill, or nolo contendere.
If a prosecutor acting on behalf of the state wishes to appeal, or if a defendant wants to appeal, the appeal must be made to the appropriate court. If the decision that is being appealed was made in the justice court, the appeal of the decision can be made to the district court. If the district court made the decision being appealed, the appeal can be made to an appellate court of “competent jurisdiction.”
There are time limits for appeals, and there may be a requirement that you make a preliminary showing to demonstrate that the appeal is proper before the appeal moves forward.
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Appeals can be made during the course of criminal proceedings if the court has made a decision which the prosecutor or the defendant believe is not an appropriate one. For example, a prosecutor could appeal if the court rules that evidence should be suppressed, provided that the proper notice is provided to the District Court, Supreme Court, and the defendant and his attorney. Appeals can also be made by the defendant only at the close of the case. When defendants decide to appeal, the hope is that a higher court will reverse an unfavorable decision which the lower court made.
Appealing a denial of a criminal case can be very beneficial, as you could end up with a decision overturned that would have adversely affected your case or adversely affected your life. You should reach out to LV Criminal Defense as soon as possible for assistance in appealing. Call us today to find out how a Las Vegas defense attorney can help you.