How to Appeal a Criminal Case

People often despair when they are found guilty in a court of law; however, they shouldn’t worry too much. Criminal cases can be appealed. The appeals process allows cases to be reviewed by a higher court, which usually determines whether there has been an error in the criminal case. If the court finds such a mistake, it may reverse the previous court’s decision.

To file an appeal, your best course of action is to enlist the help of a skilled Dayton criminal appeals attorney. He or she will know what paperwork to file with the right individuals and by specific times. The first step you and your attorney will take is to file a “Notice of Appeal” with the clerk of the trial court. This notice must be filed within 30 days of the sentence.

You will also need to file a “Docketing Statement.” Some courts will want this document stapled to your Notice, while others will want it sent separately. Check the local courts to find out which is needed. Likewise, you will also need to draft a “Praecipe,” which is an order to the court reporter asking that the transcript be prepared and filed with the court.

A transcript will be essential to winning your appeal, but they can also be expensive if your trial was lengthy. Prepare to pay the fee for having your transcript printed on your behalf. Your attorney can also use this document to help you finish and file a brief.

The prosecutor will then file his or her brief. You can submit a Reply Brief, but courts usually require this document to be filed within 10 days.

After the briefs are submitted, you can request an oral argument on behalf of your case. If you don’t request it, the court might just merely decide the appeal based on the briefs. Oral argument is the last, best chance you have to convince a 3-judge panel your petition is valid.

The judges will determine whether or not your appeal is sound. If you lose your appeal, there are several other steps available to you, such as taking the case to the Ohio Supreme Court. If you’re interested in discussing your appeal with a skilled Dayton criminal defense attorney, call us today. L. Patrick Mulligan & Associates, LLC can provide you with years of experience. Let us see what we can do to defend your rights and freedom.

Contact us at (937) 685-7006 or fill out our online form to schedule a case consultation with us today.