Looking for a criminal appeals lawyer? Sometimes the lower courts get it wrong. If you’ve been convicted or are unhappy with a severe sentence, the appeals process exists for the fairness you deserve. If you want to appeal your conviction or sentence, you must speak to a criminal appeals lawyer immediately.
At James & Jaramillo, we understand how stressful and emotionally draining seeking a conviction appeal can be. Our criminal lawyers Sydney and criminal appeal lawyers work tirelessly to ensure you have the best representation possible for the best outcome.
If you’ve recently been convicted, the fight is not over. Whether you are innocent, the severity of the sentence is too harsh, or you have a conviction involving a question as to whether an error of law was committed, the criminal appeals lawyer team at We will stand with you and work tirelessly for you to lodge the correct appeals to the courts and ensure you get the best possible outcome.
There are three types of appeals you may seek for cases originally heard in the Local Court:
Depending on the type of appeal, it is subject to different processes through either the District Court, the Supreme Court, or the Court of Criminal Appeal.
You can lodge a severity appeal to the District Court if you are unhappy with the sentence imposed or believe it is too harsh. You have 28 days after conviction to lodge a severity appeal.
If you have been convicted but are innocent, you may lodge an all grounds appeal to the District Court. The District Court judge will read the transcripts from the Local Court hearing to determine innocence. Your appeals criminal lawyers can help you make an application to the Court to hear new evidence.
Your appeal based on an error of law is lodged with the Supreme Court. This uncommon appeal must be based on a question of law. It cannot be based on an error of fact and law. Depending on the Magistrate’s remarks an error of law appeal can be made directly to the Supreme Court of NSW if an illegal action performed by the police led to the conviction.
The Criminal Court of appeal is the last appellate stage. Appeals can be made to determine innocence, to appeal the severity, or to determine error of law. The High Court of Australia decides if they will hear the application and give leave to appeal. It is a difficult and time-consuming process. The High Court of Australia’s decisions are binding on all Australian States and Territories.
We understand that being convicted or harshly sentenced impacts all areas of your life. It is emotionally devastating. We will be right there with you every step of the way to guide you through the conviction appeal process and fight for your rights.
No matter the reason for your appeal, we will be there for you. Our experienced criminal and appeals lawyers will determine the best course of action. We pride ourselves on providing responsive, honest, respectful representation no matter your situation.
Our vision is to ensure everyone, regardless of their background, has their voice heard in court. We do not tell our clients what they want to hear but what they need to hear. We pride ourselves on our responsive, honest, and cost-effective representation. We will be your trusted advisors from the start to the end of your matter.
We believe in transparency and will never give you false hope. Our cost agreements are clear. We have a strong will to succeed in all our cases, no matter how complicated. We are flexible and adaptable. We believe working as a team with our clients leads to the best outcome. Our appeal criminal lawyers have your back.
I highly recommend Jonathan Jaramillo and his team to anyone for their legal needs. Jonathan was extremely professional and informative throughout the whole process. As someone who is not familiar with the court process, he was immensely helpful and compassionate in helping ease my stress and anxiety leading up to my case. He achieved the best possible result for me, for which I am very grateful. I will definitely use them again for my legal matters.
One of the best lawyers in the market. Tom and Marykate helped me with everything from A to Z. They offered me the best possible advice and took care of the whole task in a speedy and timely manner. Throughout the procedure they made me feel calm and stress-free. Definitely recommend them for a hassle-free process.
We had Jonathan Jaramillo represent our son for a court matter. Jonathan was very helpful, provided us with possible options, suggested the best way forward and achieved a great result for my son. Highly recommend him and his team.
Before initiating an appeal, you need to consider whether you have a strong case for appeal, the risk of a more severe penalty, and the cost and time involved. Speak with appeal criminal lawyers to determine if lodging an appeal is the next step in your fight.
It is possible to be handed a more severe sentence as the result of an appeal. The judge must give a “Parker direction” or “Parker warning” to alert you and your lawyer of this possibility. In that case, you will have the chance to withdraw your appeal from that risk.
It is difficult to appeal a conviction based on a guilty plea. If you pleaded guilty, you must prove a miscarriage of justice. If you want to withdraw a guilty plea after conviction, you need to seek legal counsel.
You may lodge your appeal with a “Notice of Appeal to the District Court” form that can be found and filed at the local court.
Whether you’re considering appealing a conviction or sentence, we highly recommend expert, experienced criminal counsel to guide you through the process and present you with your best options.
Although it is not common, you can appeal directly to the Supreme Court from the Local Court on an error of law. This appeal cannot be on an error of facts.
For example, an appeal to the Supreme Court from the Local Court could be appropriate if the accused were running a voir dire on a search conducted by police. If the search was considered to be an illegal search because they did not have reasonable suspicion, then the Magistrate has the discretion to remove the drugs found on the person under section 138 of the Evidence Act. Depending on the Magistrate’s remarks, this could be a ground to appeal directly to the Supreme Court of NSW.
In a similar fashion, appeals from the District Court—whether it is an appeal on severity, to determine innocence or an error of law—go to the Criminal Court of Appeal (CCA). The CCA is within the Supreme Court of NSW. However, only three Justices of the Supreme Court will sit and hear the appeal matter.
From date of conviction, the accused has 28 days to file the notice of intention to appeal to the CCA. Once that is done the accused has 6 months to obtain all the transcripts and file an official appeal to the CCA.
Whether it is an appeal on severity, to determine innocence or an error of law, the last appellate stage is to the High Court of Australia (HCA).
In order to appeal to the HCA, the HCA must grant the person leave for them to consider whether they will hear the application.It is a difficult and time-consuming progress. The HCA decisions are binding on all Australian States and Territories.