1. best criminal lawyer for appeals to the trial court
2. criminal law attorney for appeal to the trial court
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What is an appeal?
A criminal case is initially handled by the district court. If you disagree with a judge's ruling, you have the option to appeal the case to the court of appeals.
On appeal, the case will be heard and adjudicated in full. However, the trial court is the final instance where the facts of the case are determined. Issues such as the reliability of witnesses and experts can be considered in cassation to the Supreme Court only very limited review. Thus, it is important to take advantage of all the opportunities offered by appeal.
When can you appeal?
Within what time frame should you file an appeal?
If you attended the hearing yourself, the appeal period is 14 days from the day of the ruling. In special cases, the appeal period only starts after the judgment has been served on you.
What should you do after filing an appeal?
It is possible to have investigations conducted on appeal such as hearing witnesses and experts. It is advisable that you seek the assistance of a criminal lawyer in this regard. It is very important to notify the court as soon as possible. Investigative requests submitted in a timely manner will be assessed according to the defense interest. It is then assessed whether, from the defense's point of view, there is an interest in having the requested investigation conducted. There often is.
If requests for investigation are waited too long, they are reviewed on the basis of the so-called necessity criterion. Requests are then only granted if the court finds it necessary to have the requested investigation carried out after all. Under this strict criterion, requests are less likely to be granted.
Why is it wise to hire a lawyer on appeal?
The trial court is not bound by the sentences imposed by the court. The court can impose higher sentences in addition to lower ones. Therefore, it is also very important that your case be handled by a specialized criminal lawyer who can help you properly weigh the odds and risks on appeal.
Is there anything else you can do if you disagree with the appeal ruling?
After the judgment on appeal, you have in principle 14 days to file for cassation. This delays the enforcement of any sentence. Click here For more information on: the cassation proceedings at the Supreme Court of the Netherlands.
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