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Criminal Appeals

If you are filing a state appeal with the Alabama Court of Criminal Appeals or a federal appeal with the 11th U.S. Circuit Court of Appeals, you should consider hiring an experienced Alabama criminal defense and appeals attorney to represent you. Regardless of the nature of your state or federal conviction, we can help ensure that your case is reevaluated by a higher court and you are given a second chance to demonstrate your innocence.

Filing a State Appeal

When it comes to state appeals, you can begin by filing an appeal with the Alabama Circuit Court of Criminal appeals, located in Montgomery. Should your appeal not find favor there, you may still have the option of taking it to the Supreme Court of Alabama or even the Supreme Court of the United States if violations of civil rights or other federal matters are involved. If this avenue fails, to secure your freedom, we can help you in filing a writ of habeas corpus. Assuming that one of your constitutional rights has been denied or abridged, a writ of habeas corpus allows you make an oral argument at a court hearing to attest to this violation of your rights. You will have an opportunity to persuade the prison warden or other authority having jurisdiction to release you. A writ of habeas corpus may also allow you to establish an evidentiary hearing, in which you may present new evidence testifying to your innocence. Furthermore, at the state level you also may file for what is called post-conviction relief, which may result in a modified sentence or even a new trial, depending on your circumstances.

Filing a Federal Appeal

A federal appeal, on the other hand, starts with the 11th U.S. Circuit Court of Appeals, in Atlanta, Georgia. If the 11th Circuit court denies your appeal, your federal appeals lawyer can assist you in pursuing either a writ of certiorari to the U.S. Supreme Court or an en banc rehearing. In a writ of certiorari, you are petitioning the Supreme Court to review your case. With an en banc rehearing, you are requesting that the appellate court reconsider your case with all judges present. We can explain these options to you in greater detail during your consultation.

Experienced in the State and Federal Appeals Process

In any case, navigating the bureaucracy of state or federal appeals is a feat best undertaken with a criminal defense and appeals attorney's assistance. Do not entrust your future to a general practice attorney who may be inexperienced in dealing with state and federal appeals processes. We can protect your constitutional rights and help make sure that the justice system hears your voice this time. Schedule a consultation with an aggressive Alabama criminal defense and appeals attorney immediately to get moving on your appeal. You only have a limited amount of time to do so: 10 days in Municipal or District Court, 42 days from the date of a state conviction and 14 days from the date of a federal conviction. Let us help you get started.

Contact us today for a consultation regarding your appeal. Call (256) 705-0200 or fill out the online form provided.

Serving Northern Alabama

Brian D. Clark, P.C. is located in Huntsville, Alabama and serves Huntsville, Decatur, Athens, Madison and Hartselle, as well as the surrounding communities in Madison County, Limestone County, Morgan County, Jackson County and Lawrence County.

It is our mission to seek justice and fight to get your life back for you.

CALL (256) 705-0200