When a judge and jury make their decision regarding a criminal case most people assume that is the end of the road. However, under certain circumstances, individuals are able to appeal their criminal conviction. If you feel that you were wrongfully convicted or too harshly penalized reach out to an experienced Bergen County, New Jersey criminal defense attorney to discuss your case and options to appeal.
What is an Appeal?
An appeal is simply a request that an individual can submit to a higher court to review or overturn a court’s ruling. While a court’s decision is generally upheld, in certain scenarios the outcome of the case may have been biased or unfair. In these situations, the convicted individual can petition for an appeal and hope for a new decision to be made.
When Can I Appeal My Criminal Conviction?
Whether or not your case is eligible to be appealed depends on a variety of factors. First, how your verdict came about plays a role in determining whether or not you can appeal. For example, if you pled guilty you will not be given an automatic right to appeal the conviction though you may still be able to. However, all individuals found guilty in a criminal trial have the right to appeal.
An appeal must be based on a legal error that occurred during the proceedings and may have impacted the outcome of the verdict. You may have a valid reason to appeal if any of the following apply to your case.
- Pre-trial issues such as a violation of the defendant’s rights or an inaccurate evaluation of their mental standing
- Improper exclusion or admission of evidence
- If the judge provided the jury with incorrect instructions
- Plain errors that are obvious and egregious during the trial
- Misconduct on the prosecutor’s part, such as if they refer to evidence that was deemed inadmissible, have inappropriate communication with the jury, etc.
- The judge deviating from sentencing laws to impose harsher punishments
- Ineffective assistance of counsel, as in the defendant’s attorney’s lack of skill
- Lack of sufficient evidence to support a conviction
What is the Process for Appealing?
All criminal conviction appeals must be filed within 40 days from the entry of judgment. It is important to act quickly when appealing so as to avoid missing out on an opportunity because of missed deadlines. If you need an extension your attorney can request a short delay though it may not be granted.
You and your attorney will collect transcripts from the Court Reporter. Your lawyer will review them, conduct research, and write an explanation of the errors in the case. The court will examine the details of the information provided and make their ruling.
Reach out to an attorney to learn more about your legal rights and options during your appeal.
