If you have been convicted and sentenced in criminal court, you have the right to appeal that conviction to a higher court. The appeals process is long and difficult. In truth, the odds of winning an appeal are not in your favor. On the other hand, every year, thousands of convictions are reversed or lengthy sentences reduced.
You need to consult with a Franklin criminal appeals lawyer to discuss your issues and determine whether you should pursue your appeal. You may also appeal from any other adverse final criminal ruling, such as a probation revocation, denial of a motion to expunge your record, a motion for restoration of rights and others.
Grounds for appeal from a conviction and sentence
When the trial court errs, whether in pretrial proceedings, the trial itself or at sentencing, the error may be the basis of an appeal. During the course of the proceedings, whenever your trial attorney made an objection or opposed a court ruling, he or she was creating grounds for appeal. Some common appellate issues are:
- The court erroneously refused to admit evidence offered by the defendant.
- The court erroneously admitted evidence against the defendant.
- The court allowed improper opinion evidence concerning the defendant’s guilt.
- Instructions given to the jury by the judge were either not relevant to the case, incorrect statements of the law or otherwise improper.
- Expert witnesses were not allowed to testify for the defense.
- Defense challenges to jurors were improperly denied.
Harmless error versus reversible error
Not every error will result in the reversal of your conviction or sentence. The appellate attorney must convince the appellate court that the error was so egregious, it denied you your constitutional right to a fair trial. Without the error, you most likely would not have been convicted. This is not an easy thing to do.
Call attorney John P. Cauley for help
Attorney John P. Cauley, a Franklin criminal appeals lawyer, has been working with criminal defendants for more than 20 years. He knows how to pursue both state and federal court appeals and will work tirelessly to obtain the best possible outcome.