Appeals

If you have been received a conviction and sentence on any criminal charge, be aware that the appeals process must begin almost immediately.  Appeals refers to the rights given to attempt to overturn some aspect of your judgement.  So, the need to have a seasoned appeals lawyer who is aware of Ohio statutes with necessary time frames is essential to ensuring your legal rights are protected, especially when you have not been granted a fair trial or a violation of Ohio or federal law occurred.   The appeals process can be broken down into three components.

Criminal Appeals

Did you know that an appeal can be filed whether you have pled guilty or had a jury trial?  Time is of the essence to navigate through the appeals process.  Whether there were errors in sentencing or even uncited rationale for the maximum sentence, have your case reviewed to determine your eligibility! 

Criminal appeals follow the criminal procedure in which the Ohio Supreme Court and appropriate committees set forth a standard that act as an umbrella to guide the criminal appeals process explained in R.C. § 2953.23.  This umbrella provides a clear guarantee for an established time line to appeal any conviction; there are some exceptions which may extend the time but can never be less than the statute.  As soon as the sentence or judgement is handed down by the court, your appeals clock begins to file for a motion for a new trial to bring up any new evidence not presented (14 days) which once expires, some issues cannot be raised.  A Notice of Appeal must be done in 30 days from the date that sentencing occurred.

Direct appeals are the avenues that begin the process of appealing a conviction to a higher court above the trial court.  This is the most commonly used process to ask for a review or reconsideration of the trial court record to discover if there are any errors of law, outside of the facts.  At this point, the court of appeals has the right remand your case back for a new trial to the trial court. 

Post-Conviction Petitions

Post-Conviction Relief is covered by Ohio Revised Code § 2963.21 and filed in the trial court, focusing on issues outside of the trial such as new evidence or errors by the defense attorneys, or factual problems that do not appear in the record. The exceptions and rules require an attorney familiar with the process who can thoroughly review your case and take the appropriate actions.  Allow Kimberlyn to review your case to determine eligibility and take definitive action as dictated by Ohio Law to appeal your sentence to the applicable court. 

Civil Appeals

A Notice of Appeal for a civil appeal must be filed within thirty days of the final order, falling under the Ohio Rules of Civil Procedure.  As a result of this short time frame, an efficient attorney who can obtain, review, and receive a certified copy of the docket, transcript with exhibits is a priority.  With much attention to detail, Kimberlyn provides an avenue for an expedient receipt of court records, review of the proceedings, and filing the necessary appeals.  Kimberlyn will stand beside you to guide you through the legal process to bring your appeal to a successful conclusion.  Give her a call today!