Attorney Anderson SC

If you have been convicted of any misdemeanor or felony crime in Anderson SC you have a right to appeal your conviction and you will need a Criminal Lawyer in Anderson SC. In an appeal the Defendant is asking a higher level of Court to review their case for errors of law. If the Appellate Court finds legal errors it can send the case back with instructions to apply a certain law or ruling, or to grant a new trial.

Criminal Attorney in Anderson SC can assist with convictions from Magistrate or Municipal Court are appealed to the Court of Common Pleas. A hearing will be held in typically 2-3 months depending on the county of the conviction. The hearing will be held at the county courthouse and presided over by a Circuit Court Judge. Appeals from the Court of Common Pleas are taken directly to the South Carolina Court of Appeals. Examples of Magistrate of Municipal Court cases would be 1st Offense CDV or DUI, Simple Possession of Marijuana, traffic offenses or disorderly conduct.  You will be glad you have an experienced criminal lawyer on your side!

Using a Criminal Lawyer in Anderson SC in South Carolina Court of Appeals

Appeals from South Carolina’s highest level of criminal Court, General Sessions, are taken to the South Carolina Court of Appeals. The only exception is in cases where the death penalty was imposed the first appeal is to the South Carolina Supreme Court. Appeals are initiated by the filing and service of a Notice of Intent to appeal with both the Court of General Sessions and the Court of Appeals within ten days of the sentencing. The defendant must order a copy of the transcript from the Court reporter. There is no filing fee to the Court of Appeals. The Court reporter has between 90-180 days to prepare the transcript. Further extensions are only by Order of the Supreme Court. After the transcript is finally prepared the Defendant and the State will submit their written briefs.  A criminal lawyer Anderson SC can help you with every step of the appeals court system.

At the Court of Appeals most cases are assigned to a three judge panel. They will consider written briefs submitted on behalf of the prosecution and the defendant. In some, but not all, cases they will also schedule a hearing. It typically may take anywhere from 6-12 months or more to conclude an appeal at this level.

Cases from the Court of Appeals may be appealed to the Supreme Court. Cases are decided by the five Justices of the Court. It may take anywhere from 9-18 months or more to conclude an appeal at this level. Decisions of the South Carolina Supreme Court are the final review available for criminal convictions available in State Court. Additional review may be available in Federal Court.

For expert legal advice, contact Dunaway Law Office at (864) 224-1144.