Defense Attorney Criminal Appeals Philadelphia
Have you been convicted of a crime? Do you believe that the decision was made in error? If you disagree with your criminal conviction, you have the right to appeal the decision. Whether you have been convicted of committing a state or federal offense, the appeals process exists to provide you another opportunity to attain justice, in the event you believe such was lacking from your initial trial.
Criminal appeals entail a relatively complicated process which is vitally important to your criminal record, freedom, etc. Retaining the right criminal defense attorney to help you make the most of your second chance at justice is essential. The Criminal Defense Attorneys at the Law Offices of Greg Prosmushkin, P.C. will endeavor to make sure you get the justice you deserve this time.
What Legal Basis Would Someone Use to Appeal?
Generally speaking, you are entitled to appeal an initial criminal conviction in which you disagree with the ruling. You may base this appeal on many grounds, be they attorney error, judge error, etc. Some reasons for filing an appeal include:
- - Unfavorable evidence was improperly admitted
- - Favorable evidence was not allowed to be admitted
- - The prosecution was allowed to make improper arguments or ask improper questions
- - Your attorney or the judge made procedural errors
- - The judge ignored or overlooked critical evidence
- - The jury was given inappropriate instructions
- - The sentencing was inappropriate
The Appeals Process
The process differs depending on whether at the state or federal level. Generally speaking, the defendant must notify the court of their intention to appeal within a specified period of time. At this juncture there is a series of procedural back and forth between the court and the appellant. More often than not, this process takes months - if not years - before the actual appeal is heard in court. Due to the complexity of this process and the extent of procedure and paperwork that must be correctly managed, it is crucial that you retain experienced counsel. The worst thing that can happen to your appeal is that you be denied the opportunity to attain justice due to a procedural miscue.
Why Do I Need a Lawyer?
Besides the aforementioned complexities within the appeals procedure, an attorney is vital to mounting a successful appeal because their legal expertise is necessary to meet the required threshold to prevent a case's dismissal. It must be shown that there was a prejudicial error in the trial, sentencing, or verdict. If the defendant fails to demonstrate such, the result will be the dismissal of the appeal. We are talking about meeting a legal standard to potentially secure your freedom; this is not an instance where you can afford to proceed without legal expertise.
The Law Offices of Greg Prosmushkin, P.C. are here to make sure you get the justice you deserve. Call today to schedule a free consultation with one of our criminal defense attorneys.
This content was written on behalf of Greg Prosmushkin.