If you receive a disfavorable result in a state or federal criminal case, you may have the right to appeal that result to an appellate court. In an appeal, you are asking the higher court to review your claims and make a determination as to whether the trial court or the jury made the right decision. Issues commonly presented in an appeal are whether a jury reached the right result based on the evidence presented, or whether the judge made the correct decision on what evidence could or could not come in, decisions on motions to suppress or dismiss, or whether there were errors made during sentencing, just to name a few.
When successful, an appellate court will reverse the decision from the trial court and either order a new trial or sentencing or order the lower court to dismiss the case altogether. Time to file notice of an appeal is limited, in most instances to 30 days after your case is final, however there may be an exception known as a belated appeal.
Our firm has extensive experience handling appeals so do not delay and call us to discuss your case.
Whether or not you filed an appeal, you may have a right to have the trial court review your case to determine if there were errors that, if not made, would have made a difference in the outcome. The most common post-conviction issue presented is ineffective assistance of counsel claims. You have a constitutional right to have effective counsel and if your attorney made an error that resulted in prejudice to you, you may be able to have your conviction overturned. If there is newly discovered evidence that was undiscoverable at the time but if known would have benefited you, you may also ask the trial court to review the evidence and potentially have your conviction overturned. The law limits the time you have to file a motion for post-conviction relief, with a few exceptions, so do not delay.
Call to speak to one our experienced post-conviction attorneys to discuss your case.