Philadelphia Criminal Appeals Lawyer
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 in order to provide you another opportunity to attain justice after the fact, in the event you believe such was lacking from your initial trial.
A Criminal Appeal entails a relatively complicated process which is critically important to your criminal record, freedom, and other core areas of your life. Retaining the right criminal defense lawyer to help you make the most of your second chance at justice is crucial. The criminal defense attorneys at The Law Offices of Greg Prosmushkin, P.C. will endeavor to ensure you get the justice you deserve this time around.
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. However, you need to have a rationale as to why the trial did not give you a fair chance the first time around. You may base this appeal on many grounds, be they attorney error, judge error, etc.
Some reasons for filing an appeal include:
- Favorable evidence was not allowed to be admitted
- Unfavorable evidence was improperly 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 varies depending on whether it takes place 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 forths 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 are denied the opportunity to attain justice as a consequence of a procedural miscue.
Why Do I Need a Lawyer?
Besides the aforementioned complexities within the appeals procedure, a lawyer is essential to mounting a successful appeal, because their legal expertise is necessary in order to meet the required threshold which prevents 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.
This content was written on behalf of Greg Prosmushkin.