Criminal Appeals: Seeking Justice After Conviction

Being accused of a crime will be overwhelming, and working with a criminal defense lawyer is essential. If the court case has finished and you find you have been convicted, you may feel helpless. However, there are often circumstances where it will be to your advantage to appeal your criminal conviction. If your conviction came due to a guilty plea, your right to an appeal isn’t automatic. Under those circumstances, your attorney will have to request an appeal from the appellate court, and that court must grant you the right to appeal.

If your conviction resulted from a judge’s decision, the defendant always has the right to appeal. If the conviction occurs in a case that imposes a death sentence, the defendant always has the right to appeal. You may be interested to know that if the appeals court judges the defendant not guilty, the prosecution cannot appeal that decision. The prosecution team is not allowed to dispute a “not guilty” verdict, which would result in “double jeopardy” for the defendant, violating the Fifth Amendment.

Grounds to Request an Appeal

Typical causes for an appeal include legal error, juror misconduct, and insufficient defense by your attorney. You have the right to appeal the court’s decision, and you must initiate the appeal action. An attorney must file a Notice of Appeal with the appellate court in a timely manner. The deadline for filing will vary by state or federal court, so let your attorney know about your wish to appeal as soon as you make that decision.

After filing for an appeal, the lawyer handling the appeal will request a transcript of your court case. If your appeal involves your sentence, the portion of the court case involving the sentence will be vital. It’s important to note that if your sentence is the only part of your conviction you’re appealing, your attorney may request a motion for resentencing. If the court accepts that the sentence was an error, you won’t have to undergo a full appeal process, and your sentence will be corrected.

Turn to Us at Brennan Law Offices

If your case is being appealed, we understand how urgent an appeal process feels for you. We are experienced in handling cases for clients who have been convicted of state and federal charges. Our attorney, William J. Brennan, has been admitted to practice before the US Supreme Court. Attorney Brennan has also been listed as one of Philadelphia’s Super Lawyers by Law & Politics Magazine. When you work with our team for your appeal, you will feel the impact of our years of experience.

Whether you present your criminal case to the court for the first time or engage in an appeal, you’ll want to find the best criminal defense attorney in your area. An area attorney will not only be familiar with the law, but they will also know the court system in your area and how to present your case or appeal in the best possible way. At Brennan Law Offices, our experienced team has more than 30 years of experience working for clients in Pennsylvania and New Jersey.

Call Us Today for an Appointment

Navigating the criminal justice system is overwhelming, and you’ll want an attorney to vigorously protect your name and freedom. There are many types of criminal law cases, including assault, DUI, theft, and drug charges. If you’re looking for a drug lawyer in Philadelphia, PA, our team at Brennan Law Offices is ready to apply our knowledge of those cases to your unique situation. Call us for an appointment today, and let’s discuss your path to appeal.