Being convicted at trial is devastating, not only to the accused, but also to his/her family and friends.  There is, however, a chance of turning that defeat around with the appeal process.  A defendant has a right to appeal a conviction, whether it be a misdemeanor or a felony.  Often, this is the only possible way of avoiding all of the consequences of a criminal record and/or jail time.  It’s important to contact us quickly, however, because the initial notice of appeal must be filed within 30 or 60 days depending on the severity of the charges.  Once that deadline has passed, the only option may be to file a Writ of Habeas Corpus, which is far more limited in its application.  The only other exception is if new evidence has been discovered that would exonerate someone who was previously convicted.

After the Notice of Appeal is filed, we order a transcript and a copy of all of the exhibits introduced at trial.  We go over everything thoroughly in order to identify every potentially appealable error.  Often times, it is easy to miss these errors in the middle of a trial, but by carefully going through every detail of the record, we are often able to find several strong arguments in favor of a new trial.

Once the errors have been identified and the briefs filed, we prepare for oral argument.  Even though oral argument is often limited to a very short amount of time, it is not uncommon to win or lose one’s appeal based on one careless answer to a judge’s question.  That’s why we spend significant time preparing to discuss even the most minute of details at oral argument.

After oral argument, the court will render a decision.  If we prevail, the case will be remanded to the trial court, usually for a new trial or possibly for a dismissal of the case.  If we lose, it is often possible to appeal to an even higher court.  In either case, The Law Office of Cliff Dean Schneider will be with you throughout the process.

During the appeal process, the conviction stays on the defendant’s record, and he/she might even be required to begin serving his/her sentence including paying fines or serving jail time.  An experienced attorney, however, can usually delay some or all of this until the appeal has been completed by having the sentence stayed while the appeal is pending.

Because criminal appeals are very technical and time-sensitive, it is always a good idea to contact an attorney as soon as you decide that you want to appeal your conviction.  If you would like to discuss the appeal process and the possibility of bringing an appeal in your case, do not hesitate to call The Law Office of Cliff Dean Schneider today.