Cincinnati Criminal Appeals Attorney
Sometimes the court does not get it right. When this happens, you may be able to appeal your sentence or conviction. An appeal is a legal method of getting your conviction and sentence overturned or even thrown out. The law limits the amount of time you have to file an appeal, so It is recommended that you contact Joslyn Criminal Defense Law Firm by calling (513) 399-6289 as soon as possible to get started on your case.
The attorneys at Joslyn Criminal Defense Law Firm are here to guide you through the appeals process and help you understand what is happening every step of the way. Our lawyers will fight hard to defend your rights and ensure you get the best possible outcome.
Here are just a few client reviews:
- “The end result was nothing shy of my favor. I’d definitely recommend him to represent anyone in need of his services.”
- “The whole process went very smooth with a great outcome! Thank you, Brian.”
- “Brian Joslyn is a very professional attorney and I would recommend him in a heartbeat.”
Joslyn Criminal Defense Law Firm handles all Cincinnati cases and cases that will go before the First District Court Of Appeals.
Our lawyers have had the honor of representing more than 20,000 clients through some of the most difficult times in their lives, and we are here to help give you a second chance through a criminal appeal.
- An Overview Of Cincinnati Criminal Appeals Process
- Deadline And Process For Criminal Appeals In Cincinnati
- Do You Have To Hire A Lawyer For An Appeal?
- Appeals Process For A Criminal Defendant
- How Appellate Judges Could Rule
- Criminal Cases Eligible For Appeal
- Common Reasons For Appeals
- Seeking Appeal Of A Bench Trial Verdict
- Appealing A Sentence
- Appellate Court System In Ohio
- Strategies For Criminal Appeals
- Resources For Criminal Appeals
- FAQs About Cincinnati Criminal Appeals
Joslyn Criminal Defense Firm Is At Your Service
Founder and lead attorney Brian Joslyn is no stranger to the criminal justice process. As a youth, he was falsely arrested and subjected to a severe beating at the hands of the police. Brian carries that experience with him and will do everything in his power to stand up and fight for your rights.
The legal team at Joslyn Criminal Defense Law Firm has been recognized by several organizations for outstanding work and commitment to justice.
- Designated “Top Lawyer” by Columbus CEO Magazine
- Nominated as one of the Ten Best Criminal Defense Firms in Ohio by the National Academy of Criminal Defense Attorneys
- Named Best Lawyer by BirdEye
- Preeminent Attorney Award by Martindale-Hubbard
- Named top ten law firm by the American Institute of Criminal Law Attorneys
- Named top ten law firm by the American Jurist Institute
When your freedom and reputation are on the line, do not hesitate to contact Joslyn Criminal Defense Law Firm. Get a free consultation today by calling (513) 399-6289.
An Overview Of Cincinnati Criminal Appeals Process
You have a legal right to appeal a criminal court’s decision in most cases. When you file an appeal, you are asking a different court and judge to review your case to see if any errors occurred that caused an unfair trial. An appeals judge will be looking at your case to see if there were any mistakes in the law. This could include improperly obtained evidence or the wrong law being applied to your case.
Appellate Judges Review Your Trial
You do not get an entirely new trial when you file an appeal. This means that you won’t get to present new evidence or question witnesses again. Instead, a panel of judges will review the official record of your case. The official record will include:
- Court reporter transcripts of all statements made by attorneys, witnesses, and the judge.
- Evidence, objects, and testimony contained within the court reporter’s transcript.
- Any documents related to the jury’s verdict, judge’s verdict, or judge’s instructions to the jury.
Still, the appeals process can be time-consuming. Unless there is an emergency that requires an immediate decision, it is not unusual for this process to take months.
Deadline And Process For Criminal Appeals In Cincinnati
The law in Ohio says that you have thirty days after your sentencing or conviction to file an appeal. This means that if you file your appeal after the 30 days have run out, your appeal may be thrown out, and you will be unable to have the appeals court review your case. There may be other rules that the Ohio Court of appeals imposes, but the 30-day deadline is the most critical one.
Do You Have To Hire A Lawyer For An Appeal?
No law says you must hire an attorney to handle your appeal. Still, it is not recommended that you go without one. An appeal primarily deals with which laws are to be applied and if they were correctly used. Because laws are complex and require a deeper understanding of the legal world, most non-lawyers will struggle to represent themselves throughout the appeals process. Hiring Joslyn Criminal Defense Law Firm for your appeal will give you the best chance of securing a favorable outcome.
Appeals Process For A Criminal Defendant
While the laws and the legal arguments made in an appeal may be complex, the appeals process is relatively straightforward. To start the appeals process, you or your lawyer will file what is known as a brief. This legal filing describes why your trial was unfair and what you believe should be done about it. The prosecutor will also file a brief which will likely claim that the original trial was fair and that the decision reached in that trial should be upheld.
Both you and the prosecutor will be able to make arguments in person in front of the appeals judge. During this time, the judge may ask questions on issues that require further explanation.
The appeals judge will then review the records, the briefs, and the arguments made. The judge will then decide on the appeal sometime in the following months.
How Appellate Judges Could Rule
There are three ways in which the appeals judge could decide your case. They are:
- Allow the lower court’s decision or verdict to stand.
- Ask the lower court to overturn or retry your case.
- Reverse or overturn the lower court’s decision.
If your case is being heard by a group of judges, there must be a simple majority for a decision to be reached. This means that if five judges hear the case, only three need to agree with a decision to be reached. If you are not happy with the appeals court’s decision, then you might have the option of asking an even higher court to review your case.
Criminal Cases Eligible For Appeal
Except for non-moving traffic violations, just about any criminal case can be appealed. You can file an appeal to overturn a conviction, reduce a sentence, or stay an execution. A few examples of some of the more common criminal cases that may be appealed are:
- Gun crimes
- Sex crimes
- Drug crimes
- Domestic abuse crimes
- Vehicular crimes
- White-collar crimes
- Federal crimes
Many other types of crimes may also be appealed that are not included in the list above. For a free consultation to learn about what can be done about your criminal case, contact our office by calling (513) 399-6289.
Common Reasons For Appeals
Just because you did not like how your case turned out does not mean that you will be successful in your appeal. The law allows appeals to go forward under specific circumstances. The most common reasons for an appeal are:
- Improper evidence was used
- The wrong law was applied
- Your constitutional rights were violated
- Your lawyer was not provided with relevant evidence
- Your lawyer was incompetent
- There was jury tampering
- The prosecutor took too long to try your case
Seeking Appeal Of A Bench Trial Verdict
When you were charged with a crime, you likely had the option of a judge or a jury deciding your case at trial. If you chose to have the judge decide, you had what is known as a bench trial. If you believe that the judge made an error in your case, you may appeal your case to the Ohio court of appeals. The appeals judges will look over the official record and decide whether the trial judge decided your case legally.
Abuse Of Discretion And Reversible Error
When you appeal a bench trial decision, the law says that there are two main ways that you can show that you did not receive a fair trial. They are:
- Abuse of Discretion: The trial judge acted unreasonably or made decisions that were not based on the evidence presented.
- Reversible Error: Mistakes by the judge so severe that the decision cannot be upheld.
Seeking Appeal Of A Jury Trial Verdict
If you choose to have your case heard by a jury at trial, you can appeal the jury’s decision. Sometimes the jury comes to a decision that is not supported by the facts. If this happens, you may be entitled to have your conviction thrown out. You may also appeal a jury’s decision if you can show that it was based on an error of law. A few examples of this type of error are:
- Confusing or incomplete instructions to the jury from the judge
- Misconduct (discussing the case outside of court)
- Issues with the evidence (the jury heard or saw evidence that they should not have)
When making their decision, jurors are not allowed to be influenced by anyone or anything outside of what is shown in court. If a person attempts to influence a juror, that may be considered jury tampering. Your case could be appealed if just one juror was tampered with.
Appealing A Sentence
In addition to appealing your conviction, you may also appeal the sentence you were given. You may appeal a sentence that is unlawful, unconstitutional, or excessive.
An example of an unlawful and excessive sentence would be receiving life imprisonment for committing a misdemeanor burglary. Because the law only allows for a maximum of one year for a misdemeanor, being sentenced to any more than that can be excessive and illegal.
Appellate Court System In Ohio
When you file an appeal, your case will be heard by what is known as an appellate court. This is different from your trial court in that these courts specifically handle appeals from lower courts. The specific court that will hear your appeal will depend on the type of appeal you are filing and where your case originated.
The appeals courts in Ohio are split up into districts. In Ohio, there are 12 appellate districts. Some districts are larger than others, which will determine the number of judges assigned to hear appeals. Appeals courts in Ohio hear cases from lower courts (trial courts), but they also hear applications for habeas corpus, prohibition, and other original actions. The First District Court Of Appeals hears cases from Cincinnati and Hamilton County.
Strategies For Criminal Appeals
To successfully appeal your conviction or sentence, you must show that there was an error in your original trial. You will not get your conviction or sentence changed simply because you disagree with the judge or jury’s decision. The best strategies for a criminal appeal are:
- Meet all filing deadlines
- Get your trial transcript and records
- Write a brief that is clear and understandable
- Hire a Cincinnati criminal appeals attorney
Resources For Criminal Appeals
- Hamilton County First District Court Of Appeals This court handles appeals for Cincinnati and all of Hamilton County.
- Hamilton County Clerk Of Courts The Hamilton County Clerk Of Courts, receives, distributes, and preserves official court documents of the Court of Common Pleas, Municipal Court, and other courts that have jurisdiction at the county level.
- Ohio Attorney General Crime Victim Services: This service provides support and information concerning cases where an appeal may affect a victim of a crime.
- Ohio State Bar Association: The Ohio State Bar Association’s website has a downloadable fact sheet with commonly asked questions about the state’s court system, including the appellate branch.
News About Ohio Appellate Courts
- Ohio Supreme Court refuses to hear hit and run appeal. Couple expected to return to prison after Ohio Supreme Court declined to hear their appeal from a hit and run conviction.
- Court News Ohio: Brought to you by the Ohio Supreme Court, this site provides links to televised court hearings and breaking news concerning the Ohio judicial system.
- Appeals court upholds $25 million judgment against Oberlin College: An Ohio appeals court has confirmed a judgment against Oberlin College for libel concerning a local business that the college defamed.
FAQs About Cincinnati Criminal Appeals
Q How do I start the process of filing an appeal for a criminal conviction or sentence?
A: You will have 30 days from when the trial court decides to file an appeal in your case. Once that happens, you or your lawyer will need to write and file a brief explaining why the court made a mistake and the relief you are requesting. Both the prosecutor and your lawyer will then argue their cases in front of a panel of judges. A decision will then be made based on the briefs and arguments.
Q Can the appeals court overturn a trial conviction or sentence?
A: Yes. The appellate court can overturn the conviction, order a new trial, or uphold the original trial court decision.
Q How long will my appeal take?
A: Most criminal appeals take at least three months, but they can last longer depending on the court’s schedule.
Q Can I appeal my sentence?
A: Yes. You have the right to appeal a sentence that you believe is illegal or excessive.