Can I Appeal My Criminal Conviction?

If you have been convicted of a crime, you might feel that the outcome was unjust or that errors were made during your trial. It’s a stressful situation, but a conviction is not always the final word. In Ohio, you have the right to appeal, a process that allows a higher court to review your case for legal mistakes. Navigating this complex process requires skilled legal guidance, and The VanNoy Firm is here to help you understand your options.

The criminal appeals process in Ohio follows a structured path. While each case is unique, the general steps include:

• Filing a Notice of Appeal within the strict 30-day deadline.
• Preparing and submitting a written brief outlining the legal errors.
• The appellate court reviews the trial transcript, evidence and legal arguments.
• The court may schedule oral arguments for both sides to present their case.
• The appellate court issues a final decision, which can be appealed further to the Ohio Supreme Court.

What Types of Convictions Can Be Appealed?

In Ohio, you can appeal most criminal convictions, including both felonies and misdemeanors. This right applies to a wide range of offenses, such as:

• DUI/OVI
• Drug crimes
• Theft, fraud and burglary
• Violent crimes and weapon charges
• Juvenile crimes
• Sex offenses

Even if you pleaded guilty, you might still have grounds to appeal. For instance, you could appeal the sentence imposed or challenge the court’s decision if you tried to withdraw your guilty plea before sentencing. Your defense attorney can evaluate the details of your case to determine whether an appeal is a viable option.

What Are the Common Grounds for Filing an Appeal?

An appeal is not a new trial where you can present new evidence. Instead, it focuses on legal errors that may have occurred during the original proceedings. Common grounds for filing a criminal appeal in Ohio include:

• Errors in evidence: The court improperly admitted or excluded crucial evidence.
• Prosecutorial or defense misconduct: Unethical or improper actions by the attorneys involved.
• Incorrect jury instructions: The judge provided the jury with flawed or biased instructions.
• Ineffective assistance of counsel: Your defense attorney failed to provide competent legal representation.
• Incorrect application of the law: The judge misinterpreted or misapplied the law in your case.

What is the Process for Appealing a Conviction?

To start an appeal, you must file a “Notice of Appeal” with the appropriate appellate court. In Ohio, this must be done within 30 days of the final judgment or sentencing. Missing this deadline could result in the forfeiture of your right to appeal. After filing the notice, your attorney will prepare a detailed written argument, known as a brief, that outlines the legal errors and explains why the conviction should be overturned.

What Happens After I File My Appeal?

Once your appeal is filed, the appellate court will review the trial record, which includes all transcripts and evidence, along with the legal briefs from both your attorney and the prosecution. The court may also schedule oral arguments. After a thorough review, the court will issue a decision, which could affirm the lower court’s ruling, reverse the conviction, or order a new trial.

What if I Lose the Appeal?

If the appellate court upholds the original conviction, your sentence will stand. However, this may not be the end of the road. You might have the option to seek a further appeal to the Ohio Supreme Court. This step is not guaranteed, as the Supreme Court has discretion over the cases it hears. An attorney can guide you towards the right course of action if your initial appeal is unsuccessful.

Get the Legal Help You Need

Navigating the appeals process is challenging and requires a deep understanding of Ohio law. The complexities of legal arguments, strict deadlines and procedural rules make professional legal assistance essential. An experienced criminal defense attorney can identify valid grounds for an appeal, craft a compelling legal brief and advocate for you in court. The VanNoy Firm works hard to defend our clients’ rights at every stage of the legal process. If you believe your conviction was unjust, contact us today for a consultation to explore your appeal options.