Choosing to fight pending criminal charges is never an easy decision. People have to commit months of their time to preparing a defense strategy. Instead of resolving the matter quickly with a plea, they have to endure legal limbo that may last for a year or even longer.
Sometimes, even though defendants have legal support and believe they have a strong defense strategy, they end up convicted after each trial. In that difficult situation, the defendant may wonder whether they might be eligible for an appeal. When do defendants have the option of appealing a criminal conviction?
When they act promptly
Those who want to appeal a recent conviction typically need to take immediate action. They need to submit a brief to the courts outlining the grounds for their appeal within 35 days of the initial verdict in most cases. With exceptions for cases where critical information comes to light far later, most defendants have just over a month to ask for a secondary review of their criminal proceedings. Which courts hear their appeal depends on which courts heard the original criminal case.
When there was a problem with the trial
Simply feeling dissatisfied with a verdict is not justification for a criminal appeal. An appeal requires a credible assertion that a miscarriage of justice occurred. Some appeals focus on unusual legal nuances or prior court precedents. Defendants and their attorneys assert that the courts erred in their interpretation of the law.
Other times, an appeal might be possible because of a problem with the trial itself. Perhaps the defendant can establish that their lawyer did not provide them with an appropriate standard of representation and advocacy in the courtroom. Maybe they can show that a juror or the judge had a conflict of interest that compromised the neutrality of the trial. Typically, defendants hoping to appeal a criminal conviction need a compelling reason for the courts to reconsider the initial verdict.
Appeals can be as complicated and time-consuming as the initial criminal trial may have been. Those hoping to appeal a conviction may need assistance, especially if they did not have legal support during their initial criminal trial. Discussing a case with a skilled legal team as soon as possible after an unfavorable verdict can help defendants determine if they may be eligible for an appeal.