Tips for Appealing A Conviction
Most people charged with crimes will want an experienced criminal defense attorney as soon as possible to avoid the potential consequences of conviction. However, there are some circumstances where you find yourself dealing with a conviction when you did not expect it. For this reason, you need to be prepared to be informed about appealing your conviction.
If something was handled incorrectly in your case and you believe that your rights were violated, filing an appeal is often the best and only option available to you.
A defendant who believes that they have been wrongfully convicted does have some avenues for recourse, all of which can be discussed directly with your criminal defense attorney.
If you believe you’ve been wrongfully convicted, you could:
- move for a new trial by asking the judge to put aside the jury’s verdict and to declare a mistrial and begin again.
- make a motion that asks the trial judge to overturn the guilty verdict and then enter a verdict of not guilty.
- ask a higher court to reverse a conviction. An appeal is a formal request to the appellate court to change the decision of a lower court upon review. You can challenge the conviction itself or the sentence.
Challenging the sentence does not mean you have to attack the underlying conviction. If you are successful with your appeal, this will bring the case back to its initial stages but in certain situations, it might terminate the case altogether.
If your intermediate appellate court following your conviction upholds that conviction, you may still consider moving your case forward to the state’s highest court and then to the Supreme Court. Discretionary jurisdiction applies to higher appellate courts which means they can opt not to review a case at all. Consulting directly with your criminal defense attorney and figuring out your best option is important.
Talk To An Experienced Attorney
John W. Tumelty is an experienced criminal defense attorney in southern New Jersey. He will help you fight to get your penalties downgraded or dismissed. If you were wrongly convicted or need legal advice, contact Mr. Tumelty for an in-person consultation, available 24/7.
Call 609-385-4010 Or Fill Out The Contact Form To Request A Free Consultation With John Tumelty
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship.