If you have been convicted of a felony, the consequences can be devastating. Not only can you face lengthy prison sentences, but you may also lose your right to vote, possess a firearm, or obtain certain professional licenses. However, even after a conviction, there could still be hope. The appeals process can be an effective way to challenge a conviction and potentially have it overturned.
If you are considering a criminal appeal for a felony conviction, it is crucial to have experienced legal representation. The appeals process is complex and requires specialized knowledge of the law and the court system. An experienced criminal defense lawyer can review your case, determine if there are grounds for appeal, and guide you through the appeals process.
At Fortress Law Group, we understand the devastating consequences that a criminal felony conviction can have on your life. Our experienced criminal defense lawyers have a track record of success in appealing felony convictions and protecting our clients' rights. We provide personalized representation and work tirelessly to ensure that our clients receive the best possible outcome.
In Ohio, any type of criminal conviction may be subject to an appeal. A defendant convicted of a felony charge can ask for a higher court to review the decisions made in a lower court in an attempt to overturn a conviction. Additionally, appeals are not restricted to convictions alone, it is also possible to appeal if you disagree with the sentence you received in your case.
The appeals process begins after a judgement of conviction has been filed by the trial court. In Ohio, the defendant, and in this circumstance the appellant, must file a notice of appeal within 30 days after the conviction. The appellant’s lawyer will then file briefs outlining the legal and factual errors that occurred during the trial.
The appeals court will then review the briefs and may hear oral arguments from both sides. The appeals court may affirm the lower court's decision, reverse the decision, or remand the case back to the lower court for further proceedings such as a retrial.
There are several grounds on which a defendant can appeal a felony conviction. These include:
It is important to note that the grounds for appeal in criminal cases can vary depending on the specific circumstances of the case. Therefore, it is essential to consult with an experienced criminal defense attorney to determine the appropriate grounds for appeal in your particular case.
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It is possible to file a criminal appeal after pleading guilty in Ohio, but the grounds for appeal may be limited. In most cases, a guilty plea is considered a waiver of the right to appeal. However, there are some exceptions to this rule. For instance, if the defendant can show that their plea was not made voluntarily or was based on a misunderstanding of the consequences of the plea, they may be able to appeal.
Additionally, if there were legal errors during the plea hearing or sentencing, such as a violation of the defendant's constitutional rights, a defendant who pleads guilty may still be able to appeal. However, it is important to note that the defendant's guilty plea may limit the available grounds for appeal.
Winning your appeal heavily relies on having skilled and experienced legal representation. It's crucial to have an attorney who not only has convincing advocacy skills but also possesses a deep understanding of the intricacies of the criminal justice system. Additionally, expertise in forensic evidence is a vital component of the appeals process. A highly skilled defense attorney from Fortress Law Group would be adept at presenting evidence that supports your case, while challenging questionable evidence presented by the prosecution.
If you have been convicted of a crime and are considering an appeal, you’ll want to seek the assistance of our legal allies at Fortress Law Group. In our appellate experience, our team has had the privilege of helping many clients regain their freedom and reverse damaging consequences of a conviction, some of which involving life sentences. At the end of the day, justice is our top priority, and one of the greatest justices is saving a person from losing years of their life due to a false conviction. Contact us today to schedule a free consultation and learn more about how we can help with your criminal felony appeal.
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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.
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.
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.
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
At Fortress Law Group, we want to provide you with a clear understanding of the criminal charges you may be facing and their implications for your future. We maintain a collection of resources to educate and prepare you for effective coordination with your legal team.
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