Criminal Appeals – Appellate Lawyer in Charleston, SC
Following a conviction at trial or a guilty plea in SC, you have 10 days to file a notice of appeal.
Sometimes called a direct appeal, as opposed to a collateral action like PCR (post-conviction relief), criminal appeals are to the SC Court of Appeals. Either side can then request that the SC Supreme Court hear the case.
A direct appeal must be based on an error of law made by the judge in your case, whereas PCR is based on mistakes made by your attorney.
What are Grounds for Appeal in a SC Criminal Case?
Any mistake that the judge makes during your trial or pre-trial hearings could be grounds for reversal on appeal if it affects the outcome of your case – sometimes the Court of Appeals or SC Supreme Court will find that the judge made the wrong ruling, but it was “harmless error” because it would not have affected the outcome.
Some common grounds for appeal include:
- Failing to suppress evidence that is inadmissible;
- Failing to admit evidence that is admissible;
- Allowing inadmissible testimony;
- Improperly limiting cross-examination of a witness;
- Mistakes in jury instructions or other statements by the court to jurors; and
- Incorrect rulings on pretrial motions or objections during trial.
Is There a Public Defender for Criminal Appeals in SC?
Indigent defendants who are convicted at trial are provided a criminal appellate lawyer from the SC Commission on Indigent Defense.
Although they are not technically called “public defenders,” their job is essentially that of an “appellate public defender.”
Although many of SC’s appellate defense lawyers are excellent appellate attorneys, you should (and are required to) retain private counsel to handle your appeal when you are able. Grant B. Smaldone will put the time and resources into your case to maximize your chances of success and will always be available to answer your questions during the appeal process.
Can I Appeal a PCR (Post-Conviction Relief) Action in SC?
It is likely that your PCR action will be appealed – if you lose, you can file an appeal directly to the SC Supreme Court. On the other hand, if you win, the state can also appeal directly to the Supreme Court.
SC Criminal Appeals – Appellate Attorney in Charleston
If you or your loved one has been convicted of a crime in SC and you believe there may be grounds for appeal or PCR, call Charleston SC criminal appellate lawyer Grant B. Smaldone now at (843) 808-2100 or fill out our online contact form to schedule a free consultation.