Being convicted in a criminal court can come with severe consequences. Especially in cases involving an alleged felony, a negative outcome can result in lengthy prison sentences or the requirement to register as a sex offender if the charge was sexual in nature. Fortunately, all citizens retain the right to pursue an appeal. These appeals could lessen a sentence, grant you a new trial, or even lead to an outright acquittal.
A Toledo appeals lawyer might be able to help you after a guilty verdict in a criminal case. A highly-regarded criminal defense attorneys works quickly to evaluate the events of your principal case, determine where any grounds for an appeal may be present, and submit all necessary documentation to the relevant courts to protect your legal rights.
All people who are convicted during a criminal case have the right to pursue an appeal of that conviction. However, they must have a legitimate reason for asking a branch of the Court of Appeals to reverse the conviction. These are not arguments concerning the facts of the case, but rather are arguments that an error of law resulted in an unfair outcome concerning a person’s rights as a defendant. Common reasons to pursue an appeal include:
In each of these examples, a Toledo appeals attorney will need to argue that an error of law had a substantial impact on the principle criminal trial. An attorney could work quickly to evaluate the events in the previous trial to identify potential grounds for appeal.
Individuals who are considering an appeal must move quickly. According to Ohio Rule of Appellate Procedure 4(A)(1), defendants have no more than 30 days from the final entry of an order to submit a note of an intention to appeal that order. This does not need to include a full appeal package. It merely informs the trial court that an appeal is pending.
Once a Toledo appeals lawyer completes this step, they would begin to construct the formal appeal package. This includes a copy of the trial transcript, a formal request for relief, and a brief that explains the legal reasons for requesting that relief. These briefs are often extremely complex and require a knowledge of both the relevant law and the principal case.
The final stage takes the form of oral arguments. This is an opportunity for an attorney to present their case before the appellate court and for the judges hearing the case to ask questions. Following this oral argument, the court will issue a final decision and opinion. A Toledo attorney could provide more information about the appeals process and submit the necessary information on behalf of the defendant as the need arises.
Not every criminal case has a positive outcome. Whether your case ended with a jury’s conviction or your admission of guilt, you retain the right to appeal the court’s sentence. This can take on the form of a request for a new trial, a lesser sentence, or an outright acquittal.
A Toledo appeals lawyer might be able to help you to request this relief. However, state law says that you may have as short a time as 30 days following a conviction to request an appeal. Talking with legal counsel immediately after a conviction gives them the best chance of helping you. Reach out to us today to get started.