Appeals

Criminal Appeal Lawyer Melbourne

Don’t Accept an Unjust Verdict: Talk to Our Appeal Team Today

Receiving a conviction or sentence that feels unjust can be devastating. It often feels like the legal system has failed you, leaving you and your family with a sense of hopelessness. However, the first court’s decision is not always the final word. At Marco Man & Associates, we believe everyone has the right to ensure their case was handled fairly and according to the law.

Appeals are complex, highly technical, and governed by strict timeframes. If you believe a mistake was made in your case, seeking immediate advice from a dedicated legal team is the only way to preserve your options for justice.

Don’t let time run out. If you are considering an appeal, contact our Melbourne office today to discuss your case with our experienced team.

Understanding the Appeals Process

An appeal is not a “re-do” of your original trial; it is a legal process where a higher court reviews the decisions of a lower court. Marco Man & Associates assists clients with several types of appeals, including:

  • Appeal Against Conviction: Arguing that the finding of guilt was incorrect, often due to judicial error or an unreasonable verdict.
  • Appeal Against Sentence: Contesting a penalty that is “manifestly excessive” or where mitigating factors were overlooked.
  • Fresh Evidence Appeal: Seeking a review based on new, compelling information that was unavailable during the original trial.
  • Supreme Court Criminal Appeal: Representing clients in higher jurisdictions for complex or serious matters.
  • County Court Appeals: Handling appeals from the Magistrates’ Court regarding both convictions and sentences.

Potential Outcomes of an Appeal

Every case is unique, but potential results of a successful appeal may include:

  • Overturning the conviction and dismissing the charges.
  • Reducing or altering the original sentence, potentially to a non-custodial order.
  • The court ordering a retrial, allowing the case to be heard again.
  • Clarification of a point of law that was incorrectly applied.

How Marco Man & Associates Can Help

Appeals require meticulous attention to detail and deep knowledge of legal precedents. When working with our criminal appeal lawyers in Melbourne, we provide a comprehensive review of your original case:

  • Transcript Analysis: Reviewing hearing records to identify legal errors.
  • Identifying Grounds for Appeal: Providing an honest assessment of whether you have valid legal grounds to appeal.
  • Managing Time Limits: Filing all paperwork and notices of appeal within strict deadlines to preserve your rights.
  • Expert Advocacy: Presenting persuasive arguments to the higher court focusing on errors in the original outcome.

Speak to an experienced appeal lawyer today. Contact us to schedule a review of your court transcripts and discuss your next steps.

Why Choose Our Firm?

Marco Man & Associates provides specialized appellate knowledge while maintaining our approachable style. We understand the appeal process can be long and stressful, so we keep you updated at every stage. Our team explains complex legal arguments in plain English, ensuring you feel informed and empowered throughout your journey toward a fairer result.

Frequently Asked Questions (FAQs)

Is there a deadline to file an appeal in Victoria?

Yes. In most cases, you only have 28 days from the date of your sentence to lodge an appeal. While it is sometimes possible to apply for an extension, it is vital to contact Marco Man & Associates as soon as possible after your original hearing. 

Can I appeal a sentence if I pleaded guilty?

Yes. Even if you admitted to the offence, you can still appeal the sentence if you believe the penalty was too harsh or if the Magistrate or Judge made a mistake in their reasoning. 

What is a "judicial error"?

A judicial error happens when the person presiding over your case makes a mistake in applying the law. For example, by admitting evidence that should have been excluded or by misdirecting a jury on a legal definition. This is often a primary focus of a conviction appeal lawyer.