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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!

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