Criminal Appeal Attorney in Shakopee, Minnesota
In criminal cases, a defendant has the absolute right to one appeal. The appeal may be to the Court of Appeals or the Minnesota Supreme Court depending on the nature of the case. A defendant can appeal any issue raised during the trial, as well as challenge whether there was enough evidence to convict them of a crime.
Stay Pending Appeal
It is also important to understand what happens to the original decision during the appeals process. The original decision of the court remains in effect while it is being appealed, unless the Court issues a “stay pending appeal.” A stay can be obtained by the filing of a motion. Prior to filing a motion for a stay pending appeal with the Minneesota Court of Appeals, you must first request the judge to issue a stay. In order to be successful on a stay motion, the following must be shown:
- · Irreparable harm will result from enforcement of the judgment pending appeal;
- · The appeal presents a meritorious issue and that you have likelihood of success on the merits; and
- · Assessment of the relative hardship to the parties reveals that greater harm would occur if a stay is not granted than if it were granted.
Evidence presented to the court usually comes in the form of testimony through a written affidavit.
Evaluating Whether to Appeal
Mr. Peterson can assist you by evaluating your chances of success if seeking or defending an appeal, provide you with a reasonable estimation of length of time and expense involved, and offer you guidance in making an informed decision on whether or not to file an appeal. Contact Mr. Peterson today if you are interested in filing a family law appeal to further discuss the process.
Contact Christian Peterson Law Office for a free consultation!