Monroe, NC Appeals Lawyers

Fighting for a Better Outcome

If you have been convicted of a crime in North Carolina you may have the right to appeal. To find out if you can challenge your conviction, discuss your case with our team during a free consultation.

Charles B. Brooks II, Attorney at Law has successfully handled criminal appeals since 1985. Using our extensive experience and knowledge, we skillfully guide clients through the complexities of the appeals process. If you have grounds for an appeal, we can ensure that you get the second chance you deserve.

Time is of the essence. Contact our reliable criminal defense lawyers at (704) 271-2141 before your opportunity to appeal ends.

Appealing a Criminal Conviction in North Carolina

The first step in appealing a criminal conviction is to give notice of appeal. This can be done either orally at trial, or by filing a written notice of appeal with the Clerk of Superior Court. An appeal from District Court to Superior Court for a trial de novo must be given within 10 days of the entry of the District Court judgment. An appeal from Superior Court to the Court of Appeals or Supreme Court must be given within 14 days of the entry of the Superior Court Judgment.

Once notice of appeal has been given, our attorneys will review the trial transcript for errors and begin to prepare the Record on Appeal. If the appeal is from District Court to Superior Court for a trial de novo, there is no transcript or record, and the appeal if for a new trial. In that case, our attorneys will work with you to begin preparing for a jury trial in Superior Court.

Appeals from a conviction in Superior Court are most often first heard by the North Carolina Court of Appeals. The Court of Appeals can affirm, reverse, or affirm in part and reverse in part. After the Court of Appeals rules, the parties may ask the Supreme Court of North Carolina to review the case. In some instances, such as when the death penalty has been imposed, the appeal bypasses the Court of Appeals and his heard by the Supreme Court.

Charles B. Brooks II has argued before both the North Carolina Court of Appeals and the Supreme Court of North Carolina. Before the Supreme Court, Mr. Brooks’ advocacy resulted in the Court vacating his client’s conviction for First Degree Murder.

Motion for Appropriate Relief (MAR)

In North Carolina, an individual who has been convicted of a crime in either District or Superior Court can challenge that conviction or the judgment imposed through a Motion for Appropriate Relief (MAR). A MAR is filed before the trial court in the county where the conviction occurred.

A MAR is different from an appeal. There are time limits for making some claims by way of an MAR, but other MAR claims have no time limit. To evaluate whether to challenge a conviction or judgment by way of MAR requires an extensive investigation and research by an experienced attorney. Our attorneys have experience handling MARs for both felony and misdemeanor matters in District and Superior Court.

Charles B. Brooks III has successfully represented a client during a MAR where the client plead guilty to Second Degree Rape and was serving an active prison sentence. Following Mr. Brooks’ review of the case and investigation, a court order was entered vacating the client’s guilty plea and ordering his release from prison.

Turn to Our Monroe, NC Criminal Appeals Lawyers

If you believe that you were wrongfully convicted and have grounds for an appeal or a MAR, contact Charles B. Brooks II, Attorney at Law right away. As there are time restrictions associated with filing an appeal or MAR, it is important that you contact our office immediately.

Call (704) 271-2141 now to schedule a free consultation with our skilled criminal defense attorneys.