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Criminal Appeal

Criminal Appeal:

The Court of Criminal Appeal in Pakistan is a crucial legal body responsible for hearing appeals against criminal cases. Appeal meaning in law “an application to a higher court for a decision to be reversed”.

Criminal Appeal can refer to a variety of things, from the attractiveness of a person or thing to the process of requesting a review of a legal decision. In general, appeal refers to the ability of something to draw interest or attention, or to persuade someone to take a certain action.

It is a court of the second instance, where individuals who have been convicted in the lower courts can appeal against their conviction and sentencing. The Court of Criminal Appeal has the power to review the evidence, legal procedures and the judgments of the lower courts to determine whether there were any errors or legal violations that affected the outcome of the case.

In Pakistan, the Court of Criminal Appeal is part of the country’s judiciary, which is based on the principles of Islamic law and British common law. The Court is composed of experienced and qualified judges appointed by the Government of Pakistan. The Court of Criminal Appeal seeks to ensure that justice is done and that the rights of the accused are protected.

The Court of Criminal Appeals plays an important role in Pakistan’s legal system by providing a mechanism for individuals who believe they have been wrongly convicted or sentenced to appeal their sentences. Is. This is an important part of the country’s ongoing efforts to promote the rule of law and ensure the administration of justice.

In legal contexts, appeal refers to the process of requesting a higher court to review a decision made by a lower court. This can occur in both civil and criminal cases, and usually involves arguing that the lower court made a mistake or misinterpreted the law. The outcome of an appeal can have significant consequences for the parties involved, as it can either uphold or overturn the original decision.

Appeal Against Conviction:

Conviction appeal is a legal process by which a person found guilty of a crime can appeal the decision to a higher court. This process is available to all persons who believe that they have been wrongly convicted or that their sentence is unfair.

In order to appeal against a conviction, the applicant must file a notice of appeal with the appropriate court within a certain period after conviction. The appellant must then submit a detailed written submission setting out the grounds for the appeal and the reasons for the overturning of the decision.

The appeals process is complex and lengthy and involves consideration of evidence presented in the original trial and legal arguments based on case law. However, it provides a valuable opportunity for those who believe they have been unfairly convicted to have their case reviewed by a higher authority and, in some cases, overturned.

It is important to note that not all conviction appeals are successful. However, this process provides an important safeguard against miscarriages of justice and is an essential element of any fair and just legal system.

Grounds for an Appeal:

Grounds of appeal are legal grounds that a person can use to challenge a court decision. These grounds may include errors made during the trial, new evidence that was not available during the trial, or misconduct by the judge or jury. Generally, the purpose of an appeal is not to allow a retrial, but to ensure that the trial is conducted fairly and in accordance with the law.

A common ground of appeal is the wrongful admission or exclusion of evidence. If the judge admits illegal or irrelevant evidence, this may be grounds for appeal. Likewise, if the judge excludes evidence that is crucial to the case, this may also be grounds for appeal.

Another ground for appeal is the errors of the trial judge. For example, if a judge makes the wrong decision on a legal issue, this may be grounds for appeal. Also, if the judge did not properly instruct the jury about the law, this may be grounds for an appeal.

Finally, a person may appeal the verdict if there is new evidence that was not available at the time of the trial. This new evidence must have been necessary for the trial and could not have been discovered through due diligence prior to trial.

Finally, there are various grounds for appeal, including errors made during the trial, incorrect admission or exclusion of evidence, and new evidence that was not available at the time of the trial. It is important to note that the purpose of an appeal is not to allow a retrial, but to ensure that the trial is conducted fairly and in accordance with the law.

Criminal Appeal is a process by which an order of a subordinate Court challenge before its superior court. And an appeal filed only by a person became a party to the case before the subordinate Court. Even, at the death of such a person. His legal heirs and successors in interest may as well as file or maintain an already filed appeal in many matters. Moreover, the person filing or continuing a complaint called the appellant and the relevant court called the appellate court. If a party to a case has no inherent right to challenge a judgment of a Court before its Superior Court. Then an appeal only files if specifically permitted by law in a legal manner.

What happens when you appeal a sentence?

Criminal Appeal is a process by which an order of a subordinate Court challenge before its superior court. And an appeal filed only by a person became a party to the case before the subordinate Court. Even, at the death of such a person. His legal heirs and successors in interest may as well as file or maintain an already filed appeal in many matters. Moreover, the person filing or continuing a complaint called the appellant and the relevant court called the appellate court. If a party to a case has no inherent right to challenge a judgment of a Court before its Superior Court. Then an appeal only files if specifically permitted by law in a legal manner.

According to the Criminal Appeal Procedure, the Supreme Court is primarily an appellate court. And an appeal file against the judgment or order of the various High Courts and the Subordinate Courts.

Appeal before the Supreme Court:

  • A Criminal Appeal can file against the orders of the High Court in criminal cases within 30 days from the date of the judgment passed by the High Court. You can invoke the jurisdiction of the Supreme Court by submitting: –
  • A criminal Petition for leave to appeal can file under Article 185 (3) of the Constitution. It will file within 30 days from the date of order/judgment passed by the High Court.
  • Criminal Appeal can file under Article 185 (2) (a) (b) & (c) of the Constitution. It will file within 30 days from the date of order/judgment passed by the High Court.
  • A Criminal Appeal can file Under Section 19 of the Contempt of Court Ordinance, 2003. And Section 476 of the Criminal Procedure Code, 1898. It will file within 30 days from the date of the judgment passed by the High Court.
  • A Jail Petition for leave to appeal can file Under Rule 3, Order XXIII of the Supreme Court Rules, 1980. It will file within 30 days from the date of the judgment of the High Court.

How does apply for Supreme Court protection in criminal cases?

In Criminal cases against the orders of the High Court, we can invoke the jurisdiction of the Supreme Court. So we can file the following remedies:

Leave to Criminal Appeal under Article 185(3) of the Constitution, which is called Criminal Petition within 30 days from the date of order/judgment passed by the High Court.

A Criminal Appeal file under Article 185 (2) (a) (b) & (c) of the Constitution within 30 days from date of order/judgment passed by the High Court.

A Criminal Appeal Under Section 19 of the Contempt of Court Ordinance, 2003 and Section 476 of the Criminal Procedure Code, 1898 can file within 30 days from date of order/judgment passed by the High Court.

A Jail Petition for leave to appeal Under Rule 3, Order XXIII of the Supreme Court Rules, 1980 can file within 30 days from date of order/judgment passed by High Court.

How to apply for protection in the Supreme Court in Sharia cases?

Appealing orders/decisions issued by the Federal Sharia Court may invoke the jurisdiction of the Supreme Court. So we can get the following means

Civil Sharia Appeal under Section 203-F(1) of the Constitution vs. Final Decision of the Federal Sharia Court in a proceeding where under Section 203-D of the Constitution, the Federal Sharia Court decides whether any law or rule of law is inconsistent Islamic precepts within 60 days from the date of the ruling/decision of the Federal Sharia Court.

(Time limit is 6 months for Federation or Province). Civil Sharia Petition under Section 203-F(2B) of the Constitution on the above matter against the Interim Order within 60 days from the date of the Federal Sharia Court Order.

Criminal Appeal against the Criminal Sharia under Article 203-F (2A) of the Constitution in criminal cases within 30 days from the date of the ruling/decision of the Federal Sharia Court.

Criminal Sharia petition under section 203-F (2B) of the Constitution in criminal cases within 30 days from the date of the ruling/decision of the Federal Sharia Court.

If the accused is in prison after being convicted by the High Court, what remedy is available to him?

The convicted person may invoke the jurisdiction of the Supreme Court by either filing a petition for leave to appeal through the relevant prison authorities or by filing a petition for leave to appeal through an attorney/lawyer on record within 30 days from the date of the ruling/judgment of the High Court.

Criminal Appeal in High Court:

A Criminal Appeal is the legal process of asking a higher court to review a judge’s decision in a lower court trial court because you think the judge has made a mistake. In the same manner the party that filed the appeal is called the appellant.

The High Court is the central court of the province, which exercises its original jurisdiction to issue writs to enforce fundamental rights and jurisdiction of appeals (decisions of lower courts and special courts).

Under Section 377 CrPC – Appeal Against Sentence authorizes the state government to appeal through the public prosecutor to the Court of Session or the High Court based on the failure of the judgment. If an order for judgment is issued by a magistrate, then appeal the lie to the Court of Session.

 

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Criminal Appeal

Law Firm to file a Criminal Appeal?

Choosing the right Criminal Appeal attorney or law firm  is critical to the success of your case. Here are some ideas to help you make the right decision.

Look for an attorney with experience in criminal litigation. This is not an area of law that all lawyers handle, so it is important to find someone who has already handled appeals. We are proud to have successfully handled and won appeals with a 98% success rate.

Please check our track record. We have tried and successfully tried cases from the Court of Sessions to the Supreme Court.

It is difficult to bring criminal responsibility. This entails the possibility of serving a prison sentence. In the same vein, it can affect your reputation, tarnish your character, and jeopardize your future, even if you are not convicted. With all the complexities of the criminal justice system and the expected outcomes that may affect your future and your freedom, your first task should be to find a competent criminal lawyer who will best represent you.

There are many factors to consider when looking for the best criminal defense attorney. The following tips will help you in your research and increase your chances of a favorable result.

7 things to consider when choosing best appeal lawyers:

(3) Level of Understanding and Experience:

The level of experience of a lawyer can have a significant impact on the outcome of a case. Experienced lawyers tend to have a better understanding of the laws and legal procedures, which allows them to develop better strategies for their clients. They also have a good understanding of the legal system, judges and opposing lawyers, which can help them navigate the complexities of a case more effectively.
An experienced attorney is often more confident and determined in their approach, which can put their clients at ease. They are also more likely to succeed, which can give clients more confidence in their abilities. However, experience alone does not guarantee success. A lawyer’s skill level, work ethic, and dedication are all important factors that can affect the outcome of a case.
When choosing a lawyer, it is important to take into account the level of his experience, as well as his track record, reputation and general approach to his work. A good lawyer must be knowledgeable, experienced and committed to the interests of his clients. With the right combination of experience and knowledge, a lawyer can be critical to the outcome of a court case.

(2) Avoid Publice Prosecutor:

If you are facing criminal charges, you may want to consider hiring a private lawyer or relying on a public defender. While public defenders are licensed attorneys who can provide you with free legal representation, there are some potential downsides to using their services.

One of the biggest problems with public defenders is that they often have a high volume of cases and limited resources. This means they may not have the time or resources that a private attorney could devote to your case. In addition, public defenders may not have the same experience or knowledge as a private lawyer who specializes in criminal defense.

Another potential problem with hiring a public defender is that you may not have enough control over your defense strategy. Public defenders are often overworked and may not have time to give your case the attention it deserves. This means that you may not have as much input into the defense strategy as a private attorney.

Ultimately, the decision to use a public defender or hire a private attorney is a personal one and depends on your individual circumstances. If you have serious criminal charges, it may be worth investing in a private attorney who can devote the time, attention, and experience to your case. However, if you cannot afford a private lawyer, a public defender may be your best bet.

(3) Local Affiliation:

When it comes to legal matters, having a local lawyer can be extremely helpful. A local lawyer will have a thorough understanding of local laws and regulations, as well as the customs and practices of the local legal system. This may be important to ensure that your legal matter is properly and effectively resolved.

Local lawyers are also likely to develop relationships with local judges, court officials and other lawyers in the area. This can be helpful in negotiations and can help streamline the legal process. In addition, a local lawyer will be familiar with the local community and may have insight that may be helpful in your case.

It may also be easier to work with a local lawyer, as they will be based in the same area as you. This can make scheduling appointments and consultations easier and help you stay involved in your case.

In general, having a local lawyer can be a significant advantage in legal matters. If you need legal representation, consider finding an attorney who is familiar with the local laws and customs in your area.

(4) Criminal Practitioners:

Criminal practitioner – “the best of the best.” You will be sure that your lawyer is an expert in the specific area of law in which you have legal needs. Experience in criminal defense, a significant number of jury trials, and an excellent reputation with judges and prosecutors increase the likelihood of a successful and aggressive defense.

A criminologist is a professional lawyer who specializes in criminal law and represents clients accused of a crime. They protect their clients by ensuring that their rights are protected and treated fairly by the criminal justice system.

Criminologists may work as prosecutors, representing the state in criminal cases, or as defense attorneys, representing individuals accused of crimes.

They may also work in other areas of criminal law such as juvenile justice or white collar crime.
To become a practicing medical examiner, you generally must complete a law degree and pass the bar exam in your jurisdiction. Strong oral and written communication skills, critical thinking skills and a deep understanding of criminal law and practice are essential to succeed in this field.

Criminals can play an important role in securing justice and protecting the rights of all people, regardless of their background or circumstances.

(5) Face to face meeting:

Face-to-face meetings, as well as the study of websites, social networks, reviews and testimonials from potential lawyers can provide useful information. Take advantage of the free consultation that most offer so you can make a personal impression, evaluate. See if the lawyer feels comfortable with you and evaluate if he is sympathetic to your situation.

Don’t be afraid to ask questions and look for reviews, ratings, and links. Are they a trusted advisor that you feel comfortable around and can you speak openly with them? That is when they will show their willingness to fight for you.

(6) Always Available & Accessible:

Time is of the essence and lost time can mean lost business. Make sure your lawyer is ready not only to answer your first call, but also to answer your questions promptly. An accessible and approachable lawyer will arrange the initial and subsequent meetings as soon as possible.

A good lawyer is always available and accessible to his clients. Whether it’s an urgent matter, an urgent matter, or a general problem, a trusted lawyer should always be there to provide support and guidance. This access is necessary to build trust and establish a strong working relationship between the client and the lawyer.

The lawyer, who is always available and accessible, tells his client that he values his work and strives to get the best possible result. It is this dedication that sets successful lawyers apart from the rest. By being approachable and responsive, a lawyer can help his clients feel more comfortable and confident during the legal process.

In addition, accessibility allows the lawyer to keep his client informed of any updates or developments in the case. This level of communication helps keep the client engaged and can help prevent any surprises or misunderstandings. Ultimately, a lawyer who is always available and available is an asset to any client and can be critical to achieving a positive outcome.

(7) Professional fee:

Professional remuneration is the amount charged by a lawyer for services rendered to his clients. Fees may vary depending on the nature of the legal matter, the complexity of the case, and where the lawyer practices. It is important for clients to understand the fee structure and billing process before using a lawyer.

Attorneys may charge various types of fees such as hourly fees, fixed fees, contingency fees, or advance service fees. Hourly rates are the most common, and attorneys bill clients for time spent on a case. A flat fee is a fixed amount for a specific service, such as drafting a will or contract. A contingency fee is commonly used in personal injury cases where the attorney is paid a percentage of the settlement or judgment. The retention fee is an advance payment for the services of an attorney and the funds are held in a trust account until the work is completed.

Law Consultation with Criminal Defense Attorney:

If you are facing criminal charges, seeking legal advice from an experienced criminal defense attorney is essential. A criminal defense attorney is a legal professional who specializes in defending individuals and organizations charged with criminal offenses. They have the knowledge and expertise to navigate the complex criminal justice system and provide guidance on the best course of action to take.

The lawyer with the lowest pay is not always the best choice. Remember the old adage “You get what you pay for”. It’ s no different when it comes to legal representation. After all, even the highest fees are not necessarily in your best interest. Generally, less experienced attorneys charge lower fees. But be careful when you get extremely low hourly rates.

An experienced lawyer with a high hourly rate can resolve a case faster and more appropriately than a novice with a much lower hourly rate, which is cheaper in the long run.

We will meet with you free of charge to discuss your specific case and apply our experience to you. Contact us today to learn more about how to avoid jail time or lower costs.

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