What you should know about criminal appeals

| Apr 26, 2018 | Appeals |

Facing a criminal conviction in Oregon may feel like the end of the world, but you have the right to a fair trial. The team at the law office of David J. Celuch often provides advice to people who did not see justice served when they appeared in court.

An appeal is not a re-trial, and you are not going back to court for a do-over. However, the errors made by the judge or prosecution that led to your wrongful conviction will be addressed. According to the Oregon Department of Justice, you have the opportunity to explain to the court in writing exactly what happened, as well as the remedy you are seeking.

Your written brief may be the only contact made with the Oregon Court of Appeals, although your attorney may appear before the three-judge panel to present an oral argument in addition to the brief. While you may attend this hearing, you will not have a chance to speak.

There are three possible outcomes of your hearing. The judges may determine that no error was made, and therefore, the original ruling stands. If the judges agree that mistakes in the legal process led to your conviction, they may remand the case, sending it back to trial court with an explanation of what went wrong. The judges could also reverse the decision and order a whole new trial. If your case involved multiple counts, the judges may uphold some of the original decision and reverse or remand other portions of it.

More information about the appeals process is available on our webpage.