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The Appeals Process

Rhode Island Criminal Appeals Lawyer: How the Appeals Process Works

When facing a criminal conviction, the legal battle doesn't necessarily end with the trial. If you believe errors were made in your case, a criminal appeal may be the path to justice. At Manosh Payette Criminal Defense Attorneys, we focus on helping clients navigate the complex appeals process, ensuring that their rights are protected every step of the way.

What Is a Criminal Appeal?

A criminal appeal is not a new trial—it's a legal process that challenges the verdict or sentence handed down in a lower court. Instead of presenting new evidence or witnesses, an appeal focuses on identifying legal errors that may have affected the outcome of your case. Our experienced Rhode Island criminal appeals lawyers carefully review trial transcripts, legal rulings, and procedural decisions to build a compelling argument for your appeal.

How the Appeals Process Differs from a Trial

Understanding the differences between a trial and an appeal is crucial:

  • No New Evidence – Unlike a trial, an appeal does not involve witness testimony, new evidence, or a jury. Instead, it relies on written legal arguments (briefs) and oral arguments before an appellate court.

  • Focus on Legal Errors – The appeal examines whether mistakes—such as improper jury instructions, prosecutorial misconduct, evidentiary rulings, or violations of constitutional rights—impacted the fairness of your trial.

  • Higher Court Review – Instead of arguing your case before a jury, a panel of appellate judges reviews the legal issues and determines if your conviction or sentence should be overturned, modified, or upheld.

  • Complex Legal Writing – Winning an appeal requires persuasive legal writing. Our team meticulously researches case law, drafts compelling appellate briefs, and presents arguments in a way that maximizes your chances of success.

Steps in the Rhode Island Criminal Appeals Process

  1. Filing a Notice of Appeal – This must be done within strict deadlines, and the burden is on YOU to properly transmit the record on appeal.

  2. Reviewing Trial Records – Our team analyzes trial transcripts, court rulings, and legal motions to identify appealable issues.

  3. Drafting the Appellate Brief – A written legal argument is submitted to the appellate court outlining why your conviction or sentence should be overturned.

  4. Oral Arguments – In Rhode Island, every criminal appeal is afforded the opportunity/right to argue the issues before a panel of appellate judges.

  5. Court Decision – The appellate court may uphold the conviction, order a new trial, reduce the sentence, or dismiss the charges altogether (depending on the relief sought).

Why Choose Manosh Payette Criminal Defense Attorneys for Your Appeal?

  • Extensive Appellate Experience – Our attorneys are seasoned in handling Rhode Island criminal appeals, with a deep understanding of appellate law and procedure.

  • Strategic Legal Research & Writing – Appeals are often won on paper. We craft meticulously researched and compelling legal briefs that highlight errors in your case.

  • Client-Focused Approach – We understand that an appeal is your last chance at justice, and we fight tirelessly to secure the best possible outcome.

  • Proven Track Record – We have successfully represented clients before the Highest Court in Rhode Island. 

Contact the Best Rhode Island Criminal Appeals Lawyer Today

If you or a loved one is considering an appeal, time is critical. The appeals process is highly technical, requiring in-depth legal knowledge and a strategic approach. Trust Manosh Payette Criminal Defense Attorneys to fight for your rights and give you the best chance at overturning an unjust conviction.

Call us today for a consultation and let us review your case.

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Schedule a Consultation

Your rights, your freedom, and your future are at stake. Our dedicated team of career defenders at Manosh Payette, LLC is here to fight for you.

We offer a free case strategy session and will gladly discuss your case with you at your convenience. Contact us today to schedule a confidential consultation.

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