| Read Time: 2 minutes | Appeals
when should I file an appeal

If you were convicted of a misdemeanor or felony offense, you might be able to file an appeal to challenge the trial court’s ruling. An appeal is presented to a higher court for review to determine if there was an error in the initial proceedings. You can file an appeal within 35 days of the entry of judgment.

Grounds for an Appeal

An appeal is not a new trial; rather it is a thorough analysis of the initial court proceeding to see if misapplications of the law or other procedural errors resulted in the conviction. As such, when you challenge the original decision, you cannot present any new evidence or call forth any additional witnesses to support your arguments.

The basis of your appeal must rest on:

  • Error interpreting or applying the law;
  • A mistake made by the judge;
  • Improper jury instructions;
  • Inadmissible evidence permitted;
  • Evidence did not sufficiently prove guilt;
  • Counsel ineffectiveness;
  • Prosecutor misconduct; or
  • Juror wrongdoing

When to File the Appeal

You, as the appellant, must file your appeal within 35 days of the entry of judgment or of post-trial motions denials (whichever is later) to submit your paperwork to the court. You must provide one copy of the Notice of Appeal and Designation of Record to the County Court and another to the District Court to begin the process.

The County Court will provide the District Court with a Designation of the Record. After that process is complete, you must submit a written brief to both the court and the District Attorney (DA). The document must contain your reasons for filing the appeal, legal arguments, and relevant case law.

In some instances, within 21 days of receiving your challenge, the DA might file an answering brief, to which you have 14 days to reply.

After the deadlines have passed for submitting briefs, the court will review your arguments and the original case transcript to make a ruling. If it decides in your favor, the original conviction could be overturned, you could be granted a new trial, or your sentencing could be revised.

Speak with Our Team at Gerash Steiner & Blanton, P.C. Today

If you were found guilty of an offense, and you believe the decision was based on an error during the trial, contact our attorneys to discuss your case.

We have extensive experience in the criminal justice system and know how to navigate the complexities of the appeals process. Our skilled team is practiced at developing compelling briefs, and we will work hard toward getting the original judgment overturned.

Schedule your free consultation by calling us at (303) 732-5048 or contacting us online.

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