Criminal Appeal Lawyer in Cyprus
Legal experts consider Cyprus’s judicial set up to be the ideal benchmark. Despite such praise, there are flaws as people have suffered unjust penalties and wrongfully declared offenders. It is important to understand the next stage if a Court has made errors in its decision. At Efstathios C. Efstathiou LLC our criminal appeal experts gauge the strength of your case and accurately estimate the success chances of an appeal. Various cases have the option of appeal.
Understanding Appeals Process in District Court
Challenging the unfair verdict of District Court is a right safeguarded by law. Formalities aren’t required to appeal at Assize Court. Our firm Efstathios C. Efstathiou LLC will examine the legal documents of your case for planning the appeal. Our senior lawyers will plead against the previous decision you have been wronged by. Criminal Appeals against unjust penalties imposed by District Court is also an option.
Step-by-Step Appeals Process against Decisions of District Court
- A criminal appeal can be made against a wrongful declaration or unjust penalty. Sometimes, the appeal is a combination of the two.
- The window for filing an appeal is 10 days; if there is a delay, a valid reason in writing is required.
- The right of appeal in Assize Court is guaranteed by law.
- The hearing of appeal happens in front of a three Judge panel.
- Successfully appealing a wrongful declaration will repeat the trial process.
- Appealing against penalties results in the Judge considering the facts of the case and arguments for appeal. After consideration, the Judge’s decision could tilt either way.
- A successful criminal appeal will lessen the penalty imposed by the previous verdict.
- Should the appeal fail, the previous decision will stand, with a danger of additional penalty.
- The successful appeal against the declaration results in a complete dismissal of charges
- Appeal against the declaration not succeeding would make the previous decision remain.
Important Distinction of Appealing Decisions of Assize Court
Unlike appealing the decision of District Courts, the right to appeal Assize Court decisions isn’t guaranteed. A careful approach is necessary when crafting the reasons for the appeal. A brief understanding of them is as follows:
- Non-direction on the law – The law, has not been clearly explained by the Judge.
- Misdirection of law – Law is misapplied.
- Misdirection on the facts – The Prosecution has distorted facts.
- Failure to refer to a defence – Defence didn’t produce a crucial argument before but doing it now.
- Defects in the indictment – Apparent flaws in the Prosecution’s case are present.
- Inappropriate comment by the Judge – Judge’s bias has been uncovered.
- Wrongful admission or exclusion of the evidence – The evidence has been tampered with or removed.
- Prosecution responsibilities like non-disclosure or late change in nature of the case – The Prosecution manipulated the case proceedings and withheld important information.
- Rejection of no case to answer – Evidence insufficient to charge with the offence.
- Irregularity in relation to verdict – Clarity is absent in the Court’s decision.
- Additional evidence not available at the trial – New evidence was obtained supporting the defence.
Similar to crafting the grounds for appeal, the application for hearing of the appeal against a decision of the Assize Court requires a cautious approach. Previous cases and regulations must be studied to ensure the appeal’s success.
Proper Guidance to Appeal Assize Court Convictions
- A 10 day time frame is available to file an appeal. An out-of-time extension can be filed if a delay happens, but the reason for it needs to be submitted in Court.
- The only legal ground against the declaration decision is that it’s unjust. Reasons could vary for unfairness.
- Appealing declaration decisions involves three stages. The Judge hears the justifications for appeal, the application for appeal is filed, and a panel of judges is formed for hearing the appeal.
- Depending on the circumstances of your appeal’s success, the Court may simply set aside the previous declaration or follow it up with orders for a retrial.
- If the appeal fails, then usually the original decision stands. In rare instances, the Courts have even been lenient enough to lessen the severity of the charges. However, they can also add to the duration of the penalty if the appeal is unwarranted.
Procedure for Appealing Penalty Decisions of Assize Court
- Application for appeal must be submitted within 10 days of the original decision with an out-of-time extension if there be any delays. The extension has to be filed with valid reasons before a single Judge who will hear the plea for allowing leave.
- If the Judge denies hearing the appeal, a fresh appeal is brought before a panel of Judges to plead your case. There is a threat of additional time being added to the penalty if the appeal is unwarranted.
- There are two legal positions that can be opted. The first is the harshness of the punishment, and the second is if there is an error of law in the trial decision.
- The appeal being unsuccessful will result in the Court upholding the original decision. In an even worse situation, if the Court feels that the appeal was meritless, it can impose an extension of penalty.
- A successful appeal will get you a reduced penalty.
What Legal Assistance can Efstathios C. Efstathiou LLC Provide?
At Efstathios C. Efstathiou LLC, we can accurately estimate the legal strength of your case and inform you of the chances of winning your case.
List of Things We Require
- The paper book of the case and relevant case files are essential.
- Court transcripts of the original trial to look for anything that might have been missed.
- A case timeline from your previous Counsel will help a lot.
What Happens After Giving Us The Things We Need?
At Efstathios C. Efstathiou LLC, we will compile the relevant information and classify it for convenience. The various resources available to us will be utilized for creating your appeal. Perusing case laws or outsourcing the consultancy from legal experts in our circle will provide more insight into the case.
What are the Service Charges of Efstathios C. Efstathiou LLC?
At Efstathios C. Efstathiou LLC, legal services billing depends on the case’s scope. We offer dual modes of payment, a convenient single fee, or reasonable hourly rates. Insurance coverage helps in certain situations. The cost increases if a specialist who isn’t employed at our firm is required.
Book Your Consultation with Our Criminal Appeal Attorney in Cyprus!
Appeals are filed under a strict deadline, so you shouldn’t wait and reach out to us immediately. Efstathios C. Efstathiou LLC will handle your appeals in a way that ensures you get justice for wrongful decisions of the Courts. Timing is crucial, so book your appointment by calling us at (+357) 22 75561.