Get Your Free E-Book: Charged with a Crime in Ohio? Useful Information that May Be Helpful in Your Case

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February 27, 2023
Matthew C. Bangerter

Appeals

Fortress Law Group, LLC represents clients who need a comprehensive defense
strategy for juvenile crimes, misdemeanors, and felonies.
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What is the appeals process in Ohio?

After the conclusion of your case, your criminal appeals attorney must file your appeal or request an extension within 30 days. Most appeal lawyers in Ohio file an extension to have more time with the case notes for an appeal. Once the court receives the appeal, the prosecuting attorney reviews the petition and the court transcripts to draft a counterargument.
When the prosecuting attorney finishes their brief, three appellate judges will read the defendant’s and prosecutor’s brief and hear oral arguments from both attorneys. They will vote on whether to uphold or overturn the original court’s decision.

What reasons can I use to file an appeal?

You can’t file an appeal just to seek a “not guilty” decision. Courts usually uphold a jury’s decision unless the evidence in the court transcripts suggests the original trial procedures were incorrect or unfair. An appeal is a way to potentially rectify an error in the court procedure in your case.

Some issues in successful appeal cases include evidence that shouldn’t have been permissible, an error in the court procedure, or allowing damaging testimony from an unreliable witness. Our criminal appeals attorney, Matthew C. Bangerter at Fortress Law Group, will advise you on the best approach.

What happens if the appellate judges reverse the original court decision?

An appeal does not turn a guilty verdict into a not-guilty verdict. Instead, an appeal determines whether the original trial followed the appropriate procedures. Winning your appeal usually results in remanding the case to the lower court for a new trial.

Be aware that the appeals process typically takes over a year. Both sides and the judges need to review your trial procedures to determine an appeal decision.

Do I need an Ohio criminal defense attorney to file my appeal?

If you represented yourself in your original case or weren’t happy with your defense attorney’s performance during your trial, you should call an experienced appeals attorney, such as Matthew C. Bangerter of Willoughby, OH, to represent you. The legal briefs and forms you need to file for an appeal require extensive knowledge of Ohio court procedures.

Bangerter, a criminal appeals attorney from Fortress Law Group, can review your case from arrest, discovery, and trial procedures to determine what arguments exist for your appeal. We have represented people in criminal trials and appeals since 2009 across Northeast Ohio, and we’re ready to take on your case, too! Call for a case review at (440) 340-1740

Copyright © 2024. Fortress Law Group, LLC. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Fortress Law Group, LLC
4124 Erie Street, Willoughby, OH 44094 (440) 340-1740https://fortresscriminaldefense.com/
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Whether you’re charged with a DUI, misdemeanor, or felony, the prospect of facing trial is stressful. Worse, there’s also the possibility of jail time if things don’t go well for you in court. To help you face these legal adversities, you need an attorney who can work on an effective defense strategy and make sure your civil rights are upheld throughout the process. A Willoughby criminal appeals attorney at Fortress Law Group, LLC provides clients with comprehensive legal representation from trial to appeal, if needed.
Fortress Criminal Defense Offic Location in Willoughby, OH
Copyright © 2024. Fortress Law Group, LLC. All Rights Reserved.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.
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