Every Ohioan has a right to appeal if convicted of a crime. However, the complexities of the criminal justice system can be daunting, especially if you believe a legal error or injustice impacted your case. To understand everything that comes with filing an appeal and to give yourself the best chance at winning, it’s best to consult an experienced criminal appeals lawyer.
If you or a loved one have been convicted in Ohio and are considering an appeal, contact Erb Legal for a consultation today.
Whether you’re seeking to overturn a conviction, reduce a sentence, or secure a new trial, we’ve had considerable success at the appellate level across Ohio. We are equipped with the skill and resources to ensure a fair outcome.
Courts set strict deadlines for collecting and assessing paperwork before you officially lose your right to appeal. So whether it’s after a misdemeanor or violent felony, following a conviction, swift action is essential due to strict deadlines for filing appeals.
For any resentencing appeals to be considered, you must file a notice of appeal in the relevant court within 30 days. However, several crucial steps must be taken before you get to that stage. For more information about criminal appeals, sentence reduction in Ohio, and judicial release eligibility, contact us at 330-249-1778 or send us a message.
Order transcripts of the trial court proceedings and gather all physical evidence and court documents. Once you have them, organize them carefully to build a strong case.
Contact an experienced appeals attorney familiar with the criminal justice system in Ohio. They will review the trail records to identify potential grounds for appeal.
Now that you’ve established your case, you must file a notice of appeal in the relevant appellate court. In most instances, this must be done within 30 days of the conviction.
Before your appeal is submitted, your notice must be prepared along with two key forms:
A praecipe is a written order or request to a court or judge, typically asking for a specific action. It can be used to request various judicial actions, such as the issuance of a writ, the scheduling of a hearing, or the entry of a judgment. The term is derived from Latin, meaning “command” or “enjoin,” and is often used in legal procedures to prompt the court to take a procedural step.
A docketing statement is a document filed in appellate courts that provides essential information about a case being appealed. It typically includes:
The docketing statement helps the appellate court manage its caseload by giving a snapshot of the case and identifying any preliminary issues that might need attention before the appeal proceeds.
After the appeal has been filed, maintain all evidence carefully. This will help your lawyer assess if there was any evidence that was improperly admitted, errors during your trial, or violations of your constitutional rights— all of which will help make your case stronger.
Once the appeal is filed, follow these critical steps to navigate the appellate process effectively:
Your attorney will prepare an appellate brief for the court’s review. This crucial document holds all the major arguments you wish to present before the appellate court, including the errors you believe were made during the trial and how they impacted your case.
Each brief must contain the following sections:
These sections govern the format of an appellate brief, including a word count that cannot be exceeded. The appellate brief forms the core of your appeal, articulating why the trial court’s decision should be reversed.
If the prosecution responds to your appellate brief, your lawyer can file a rebuttal brief. This document, limited to 10 pages or 3,000 words, addresses the prosecution’s arguments and reinforces your position. It includes all arguments, statements, headings, and footnotes, requiring precision and conciseness.
If you requested to present oral arguments on the cover page of your brief, the court will set a date for them. This is an opportunity to present your case verbally and rebut opposing arguments. You will have 15 minutes to make your case and answer questions from the judge. Preparation and conciseness are vital to ensuring effective post-conviction relief.
After oral arguments, the appellate court will review the case and issue a decision. The court may order a new trial, reverse the trial court’s decision, or uphold the conviction. The clerk will enter the judgment in the journal and send notices to both parties. Patience and perseverance are essential during this waiting period.
Criminal appeals are complicated and incredibly stressful. By keeping in mind the following considerations and pitfalls, you can increase your chances of a positive outcome.
Different courts have varying deadlines and timelines. While most appeals must be filed within 30 days, exceptions exist. Understanding these timelines is crucial, as missing a deadline can forfeit your right to appeal. The entire process can take six to 18 months, depending on various factors, including court backlogs and the case’s complexity.
Appeals can be based on procedural errors, improper admission of evidence, or violations of constitutional rights. An experienced appeals attorney can identify these grounds and develop a compelling argument. They will assess the trial record for any legal errors that may have affected the outcome of your case.
Appellate courts do not accept new evidence; they review the trial court’s decision based on existing records. Therefore, it is crucial to have all relevant evidence from the trial properly documented and preserved. Your attorney will use this evidence to highlight errors and argue for a reversal or new trial.
Hiring the right lawyer is essential for post-conviction relief. A successful appeal can get you a retrial, the reversal of a conviction, release from prison, or a sentence reduction. With so many variables to contend with, an experienced criminal defense lawyer can help:
An appeal is not a new trial but a review of the trial court’s proceedings. The goal is to identify and argue flaws in the trial process. This requires specialized knowledge that only a professional appellate attorney can provide. A criminal defense lawyer’s skill in legal research, brief writing, and oral advocacy is essential for a successful appeal.
One aspect of crafting a successful appeal is obtaining the proper transcripts and records. The most crucial part is identifying errors and procedural defects that can strengthen your case. Your attorney will review court evidence, transcripts, and documents to build a robust appeal.
Managing strict deadlines and ensuring comprehensive documentation is crucial in the appeals process. Missing a deadline or submitting incomplete documentation can jeopardize your appeal. A passionate appellate lawyer ensures all documents are accurately filed on time and advises on strategic decisions, such as seeking a case review or filing further appeals.
By assessing the merits of your case and developing a tailored strategy, an experienced appellate lawyer navigates the complex appellate process with the dedication and expertise needed to achieve a favorable outcome.
If you’re considering appealing a criminal conviction in Ohio, the experienced team at Erb Legal is here to provide the guidance you need. Don’t let mistakes jeopardize your case or freedom—our attorneys will ensure all deadlines are met and documentation is complete, giving you the best chance for a successful outcome.
Call 330-249-1778 or contact us online.