Criminal Appeal Lawyers

A criminal appeal is a legal process where a convicted individual requests a higher court (an appellate court) to review the judgment made by the lower court. The purpose of an appeal is to determine whether there were any legal errors during the trial that could have affected the verdict or sentence. The appellate court may overturn or modify the conviction or sentence, or it may order a new trial.

The criminal appeals process generally follows these steps:

1. Notice of Appeal: The convicted individual files a notice of appeal within a specified period (usually 30 days after sentencing).
2. Record Review: The appellate court reviews the trial record, including transcripts, evidence, and motions made during the trial.
3. Briefs: The defense (appellant) and prosecution submit written arguments (briefs) detailing why the conviction should be overturned or upheld.
4. Oral Arguments: The court may schedule an oral argument where attorneys from both sides present their cases.
5. Appellate Court Decision: The appellate court renders a decision, which may affirm the conviction, reverse the conviction, order a new trial, or modify the sentence.

Criminal convictions can be appealed on several grounds, including:

• Ineffective assistance of counsel: Arguing that the defendant’s attorney performed poorly, which harmed the outcome of the trial.
• Legal errors: Errors made by the judge during the trial, such as improper jury instructions, wrong rulings on admissibility of evidence, or erroneous legal rulings.
• Insufficient evidence: Claiming that the evidence presented during the trial was not enough to support the conviction beyond a reasonable doubt.
• New evidence: Presenting new evidence that was not available during the original trial and could potentially prove the defendant’s innocence.
• Prosecutorial misconduct: Arguing that the prosecutor acted unethically, such as by withholding evidence or making improper statements to the jury.
• Jury misconduct: Examples include jurors being biased or engaging in inappropriate behavior during deliberations.
• Violation of constitutional rights: Claims that the defendant's constitutional rights were violated during the investigation, arrest, trial, or sentencing.

To overturn a conviction, the appellate court must find that a legal error during the trial significantly impacted the outcome. Here are ways to challenge a conviction:

• Ineffective counsel: If your defense attorney made serious mistakes that harmed your case, such as failing to investigate key evidence, calling the wrong witnesses, or providing inadequate legal representation, you may be able to overturn your conviction.
• Legal errors during the trial: If the judge made improper rulings on evidence or jury instructions, or if there were procedural mistakes, the appellate court could find that these errors affected the fairness of the trial.
• Insufficient evidence: If the prosecution did not provide enough evidence to prove the crime beyond a reasonable doubt, the appellate court might overturn your conviction.
• Newly discovered evidence: If new evidence arises that could exonerate you or significantly weaken the case against you, you may be able to challenge your conviction on this basis.
• Prosecutorial misconduct: If the prosecution withheld evidence, made false statements, or otherwise acted unethically, this could be grounds for overturning the conviction.

If the appellate court overturns your conviction, the court may take several actions, depending on the circumstances:

• Acquittal: In some cases, the court may dismiss the charges entirely if there were insufficient grounds for the conviction.
• New trial: The court may order a new trial, often because the original trial was unfair due to legal errors, new evidence, or misconduct.
• Modified sentence: If the conviction is upheld but the sentence is found to be excessively harsh, the appellate court may reduce the sentence or send it back to the lower court for reconsideration.

The duration of a criminal appeal can vary depending on the complexity of the case and the specific appellate court. It generally takes several months to over a year to reach a final decision. This time includes preparation of briefs, scheduling oral arguments, and the court’s deliberation. Some cases may take longer if new evidence or extensive legal issues are involved.

Yes, you can appeal a case even if you pleaded guilty, but there are limitations. Common grounds for appealing a guilty plea include:

• Ineffective assistance of counsel during plea negotiations.
• Coercion or misunderstanding during the plea process.
• Violation of constitutional rights in connection with the plea.

If your appeal is denied, you have a few options, such as:

• Filing a petition for rehearing: You can ask the appellate court to reconsider its decision.
• Seeking review by the state’s highest court (such as a state supreme court) or filing a writ of certiorari with the U.S. Supreme Court if a federal issue is involved.
• Post-conviction relief: If your appeal is denied, you may be able to seek relief through post-conviction motions, such as filing for habeas corpus to challenge the lawfulness of your detention.

Yes, Robert Sirianni and Brownstone Law specialize in criminal appeals. With years of experience in both state and federal appellate courts, they can assess your case and determine whether you have strong grounds for an appeal. They handle criminal cases in which errors in the trial process may have led to an unjust conviction.