The Process Of Appealing A Conviction

The Process Of Appealing A Conviction

If you’ve been accused of a crime, you may feel overwhelmed by the prospect of your upcoming court case. If your case ends with you being convicted, it will likely be devastating. You may be relieved to learn there are circumstances under which you have the right to appeal your conviction. If your attorney can show cause for appeal, they must file for an appeal from the appellate court, and the appellate court will decide if you have the right to appeal.

Your Right to Appeal a Conviction

If you were convicted due to a judge’s decision in court, you have the legal right to appeal that decision. When the conviction results in a death sentence, you will always have the right to appeal the sentence. It may interest you to learn that if the appeals court decides the defendant is not guilty, the prosecution can’t appeal the reversal of the conviction. Prosecutors can also not appeal a “not guilty” verdict, since to do so would constitute “double jeopardy” for the charges, which would violate your Fifth Amendment rights.

Typical causes for an appeal of your conviction can include legal error, juror misconduct, and ineffective legal support by your attorney. If there is proof that a juror – or the whole jury – acted illegally, you can appeal their decision. For example, your lawyer may become aware of evidence that a juror was bribed or otherwise illegally influenced in favor of the prosecution. After the conviction, your lawyer may conclude that the conviction occurred due to the trial using illegal methods.

Beginning the Appeals Process

If you decide these circumstances are present, it’s up to you to begin the appeal process. You’ll need an attorney to file a Notice of Appeal with the appellate court before the deadline. Federal and state courts have different deadlines for filing an appeal, so you need to let an attorney know about your decision to appeal the conviction as soon as possible after your sentence occurs.

Once your attorney files for an appeal, they will contact the court to get a court case transcript. If you are not appealing your conviction but disagree with your sentence, the portion of the court case that involves the sentence will be of particular interest to your lawyer. When the sentence is the only reason you’re appealing, your lawyer can request a motion for resentencing. If that motion is accepted and your sentencing is changed, you’ll avoid a prolonged appeal process since your sentence will be corrected.

Legal Help with Criminal Appeals in Philadelphia

If you’ve decided to appeal your conviction from criminal court, you will need an experienced criminal defense lawyer. At the law offices of Richard J. Fuschino, Jr., we will let you know your legal standing and fight for your appeal with every legal means at our disposal. Attorney Fuschino is a Philadelphia criminal defense lawyer with 16 years of experience working with New Jersey and Pennsylvania clients. During the appeal process, you may have questions, and your lawyer should be able to communicate with you using terms you can understand. Your reputation and your future will depend on choosing the right appeals lawyer.

Call Us Today for an Appointment

There are many reasons why a criminal charge may be brought against you. Some of these reasons may include theft, assault, domestic violence, and drug charges. If you’ve been convicted of a criminal charge related to drugs, you will need a skilled Philadelphia drug lawyer. We will work tirelessly at Richard J Fuschino, Jr. Law Offices to obtain your appeal. Call us today to discuss how we can assist you during your appeal process.