Criminal Appeals Lawyer Dayton, OH
Need to Make a Criminal Appeal in Ohio?
If you believe that your case's trial was mishandled or led to an unfair verdict, the law allows you to file for an appeal. 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.
We at L. Patrick Mulligan & Associates, LLC can help you file for an appeal as quickly as possible. In the state of Ohio, appeals must be filed within 30 days of the sentence filing. Whether your case needs to be taken before a state or federal appellate court, our firm can guide you through the entire appeal process. We will prepare a brief that details your case's trial and why an appeal is necessary.
With our help, we may be able to obtain a:
- Reversal - The original sentence is declared incorrect
- Remand - The original sentence is given a second hearing
How to Appeal a Criminal Case in Ohio
To file an appeal, your best course of action is to enlist the help of a skilled Dayton criminal appeals attorney. We 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 it 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.
Thousands of Cases Handled Since 1994
With more than 50 combined years of experience, our lawyers have been handling all kinds of criminal cases, including the most challenging. With thousands of cases handled behind us, we possess the seasoned legal knowledge required to safeguard the rights of our clients in court. We believe that the law should be fair for everyone and that its misinterpretation should not be allowed, especially when a person's future is involved.
As our client, you may benefit from the following:
- Skilled legal representation from a Board Certified Criminal Law Specialist
- A personalized legal strategy that reflects your specific needs
Discuss Your Case with Our Dayton Criminal Defense Attorneys
If you would like to discuss appealing your case, our firm is here to help you with the entire process. We will take care of all the paperwork required to appeal your case and keep you informed regarding your case's progress. The sooner you enlist the services of our reliable legal team, the sooner we can get to work in obtaining a fairer outcome for you.
To learn more about making a criminal appeal, please contact us today.