Should You Appeal Your Criminal Case if You are Convicted?

Posted by Mark Hauser

Well, that depends if something happened improper happened at your trial.  There is no point filing an appeal just because you don’t like the result.  That is called a frivolous appeal and attorneys have an ethical obligation not to file them even though sometimes they do.  There are several appealable issues in a criminal case.

Potential grounds for appeal in a criminal case include legal error, juror misconduct, and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict. To grant the appeal, the appellate court must find that these errors affected the outcome of the case. If the errors would not have changed the verdict, they are considered harmless and the conviction will stand.

If you feel one of these grounds would have affected the outcome of the case, then you need to file an appeal to the Superior Court in writing within 30 days of the date of  your sentencing for it to be timely.  If it is not filed timely then you may be barred from filing an appeal.

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