Cleveland Direct Appeal Attorney
Challenging Convictions in Ohio
If you have been convicted of criminal charges, you have a right to challenge that conviction through a direct appeal. An appeal means that you either went through a trial and lost, or you entered a plea and now want to appeal. An appeal can be a valuable tool for anyone who has been wrongfully convicted, convicted on weak evidence, convicted because of an error of law.
When you file an appeal, your case will be reviewed by a higher court. This is a complicated process, and our lawyer at Patituce & Associates can help.
We take the following actions in direct appeal cases:
- We will read your trial court transcripts to identify legal and procedural errors that may have violated your rights.
- We will research those errors and submit an extensive, thorough brief to the appellate court.
- We may also make oral arguments in support of your claims before a panel of three judges.
The appellate court will either affirm or vacate your conviction and/or sentence, depending on the legal arguments presented and the court’s opinion.
The Cost to File an Appeal
How much does it cost to file an appeal? A very fair question. Each case is different and the cost varies with how complicated your matter is. For instance, if you wish to appeal a simple plea and sentence that will be less than if you wish to appeal from a full trial or a suppression hearing.
Appeal Process in Ohio
A defendant only has 30 days to notify the court that he/she intends to appeal. Time is very important on an appeal. Typically you must have your notice of appeal filed within thirty (30) days of the last event that happened in your case. Normally the sentencing. If you miss this your appeal might be denied even though you should win.
The procedural nuance after conviction is tricky. Clients cannot raise new evidence in their direct appeal. Direct appeals are limited to what is already in the trial record. There are procedures available to raise new evidence.
Work with an Attorney in Your Appeal
The appeals process is complicated, and you will need excellent representation to maximize your chances of success. Following your appeal to the District Court of Appeals, you can request to appeal your legal issues to the Supreme Court of Ohio. Skilled appellate representation is critical. A defendant generally has this one limited opportunity to raise claims of procedural or legal error. Additionally, if your attorney does not properly preserve your claims, you may be defaulted from raising your arguments later, in federal court.
If you have been convicted of a crime, it is important to speak with an experienced attorney about all of your options. Contact Patituce & Associates today.
We Offer No-Cost, Confidential Phone Consultations.
Our Team Has Over 70 Years of Combined Experience.
Our Lead Attorney Is A Board Certified Criminal Trial Attorney.
Our Attorneys Have Taken Cases to Jury Trials Over 200 Times.
We Are the Firm Other Attorneys, Police & Prosecutors Turn To.
We Are Available 24/7.