If you have been convicted of criminal charges, you have a right to challenge that conviction through a direct appeal. When you file an appeal, your case will be reviewed by a higher court. We will read your trial court transcripts to identify legal and procedural errors that may have violated your rights. We will research those errors and submit an extensive, thorough brief to the appellate court. We may also make oral arguments in support of your claims before a panel of three judges. The appellate court will either affirm or vacate your conviction and/or sentence, depending on the legal arguments presented and the court’s opinion.
The appeals process is complicated, and you will need excellent representation to maximize your chances of success. Following your appeal to the District Court of Appeals, you can request to appeal your legal issues to the Supreme Court of Ohio. Skilled appellate representation is critical. A defendant generally has this one limited opportunity to raise claims of procedural or legal error. Additionally, if your attorney does not properly preserve your claims, you may be defaulted from raising your arguments later, in federal court.
A defendant only has thirty days to notify the court that he/she intends to appeal. The procedural nuance after conviction is tricky. Clients cannot raise new evidence in their direct appeal. Direct appeals are limited to what is already in the trial record. There are procedures available to raise new evidence. If you have been convicted of a crime, it is important to speak with an experienced attorney about all of your options.