For many criminal matters, you have the right to have a trial. During your trial, you present factual evidence to refute your guilt. You may also question favorable witnesses and cross-examine unfavorable ones. If you do not like the outcome of your case and have important legal topics to address, you can probably file an appeal.
In Tennessee, there are four different types of courts, including two trial courts and two appellate courts. If you need to appeal a criminal conviction, you likely want to ask an appellate court to consider your case. Eventually, you may be able to appeal your matter to the Tennessee Supreme Court. You should know, though, that appeals are vastly different from trials.
Tennessee criminal trials
If prosecutors bring criminal charges against you, you are likely to have an opportunity to plead guilty. If you choose to assert your innocence, you may proceed to a criminal trial. In Tennessee, you may have either a jury trial or a judge one, called a bench trial. Before the trial starts, you have an opportunity to uncover facts through the discovery process. Then, you present factual evidence that proves you are innocent. The prosecutor, of course, attempts to prove your guilt.
Tennessee appellate trials
If a judge or jury convicts you of a crime, you may have an opportunity to file an appeal. The appellate process, though, is not a rehashing of your initial trial. That is, you typically may not present new facts, examine witnesses or otherwise retry the case. Instead, you argue that there was some type of legal error during the trial that negatively affected the outcome of the case. Alternatively, you may argue that the trial court violated your rights in some way.
As you can see, criminal trials and appeals have some important differences. As such, the attorney who handled your trial may not have the skill set to appeal your case successfully. By understanding the fundamental differences between criminal trials and appeals, you can better plan for choosing the right legal counsel for your case.
If you are in Tennessee, federal appeals courts or the military appeals courts and have questions about rules regarding appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith and his work in Federal Indian Law appeals in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), at http://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith .