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How to appeal a conviction

On Behalf of | Jan 24, 2020 | Appeals |

A person who is found guilty in a criminal or liable for damages in a civil case may have the right to appeal a judge or jury’s decision. Generally speaking, an individual will have 10 days to appeal a criminal conviction and 30 days to appeal a decision in a civil case. Defendants in Oregon and around the country will need to file a notice of appeal if they want their cases reconsidered.

The notice of appeal is usually a single page and simply states a defendant wants an appellate court to review the matter. This is different from the appellate brief that goes into further detail as to why the original ruling was flawed. In most cases, a defendant’s attorney will prepare and submit these documents. An individual may have multiple opportunities to appeal a case depending on how many court levels a state has.

Additional opportunities to appeal a case may be available if a person is charged with a federal crime. It is important to note that a person can only appeal to a specific court once. If there are no more courts to appeal to, a conviction or other decision will likely stand. Those who are planning to appeal their convictions should also know that each court may have its own rules for accepting and hearing them.

A criminal defense attorney may play a key role in the appeal process. In addition to submitting briefs to the court, the attorney may be able to ask that evidence be suppressed or new evidence be considered in the matter. This may make it easier to get a case dismissed outright. It may also make it easier to obtain an acquittal or plea deal if the case goes back to the original trial court.