Criminal Appeals Attorney in Akron
How to Appeal Your Criminal Conviction
While being convicted of a criminal offense in Ohio may seem like a permanent
decision, there may still be hope! By filing a criminal appeal, you may
be able to overturn a sentence or have the penalties reduced. As an
Akron criminal defense attorney with more than a decade of experience, I can help you appeal a conviction
for the last chance at freedom, whether your case needs to be appealed
at the state or federal level.
What is an appeal?
When you request an appeal, you ask a higher court to review your case
for any legal errors. As the defendant, you will be permitted to argue
that legal mistakes influenced the judge or jury's decision or the
sentence that is issued. A successful appeal should either dismiss your
case or allow it to be re-tried.
What is the appeals process in Ohio?
To begin the appeals process, you must file a Notice of Appeal within 30
days of your judgment. If your appeal does not get filed within the time
limitations or does not contain the proper documents, then it may be dismissed
before ever reaching a judge.
When the higher court reviews your case, only the record of the proceeding
should be evaluated and no new evidence can be considered. The government
can file its own brief to demonstrate why that sentence should be upheld.
In response, the defendant can file a second brief to challenge the government's
position. In most cases, oral arguments will be presented to the appellate
panel before the case is decided.
Even if you lose the first appeal, the decision may be appealed again to
a higher court, all the way to the U.S. Supreme Court.
Who is eligible to file an appeal?
In order to file for an appeal, you must be able to show that the court
made a legal mistake on your case. In addition, you must file before 30
days of the date of your verdict, or else your appeal will be dismissed.
The court does not have the ability to make extensions.
Contact Me for a Free Case Evaluation
If you are seeking legal representation from my Akron firm, you can benefit
from me scrutinizing your case to develop a strong argument of why the
sentence should be challenged. I can review the record of all relevant
proceedings to ensure that your constitutional due process rights are
safeguarded. In some cases, the judge may not have correctly instructed
the jury, may have misinterpreted the law, or may have abused his or her power.
If there are errors within the plea, trial, or sentence, I can ensure that
this information is clearly communicated to the higher court who will
review your case.
Contact my Akron defense firm today for the representation your case requires!