When you go to court and things don’t go your way, you may have the option to make an appeal. Unfortunately, you cannot just appeal a criminal conviction because you didn’t like the outcome. There are good reasons to try and get a decision overturned though, and a Blue Bell criminal defense lawyer from our firm can tell you more about this process.
What Are Possible Grounds For Appeal?
After you have been convicted of criminal charges and sentenced, you have a right to appeal in the Common Pleas Court. However, you must have grounds for appeal if you want to be successful. Courts do not just review decisions for no reason.
Defendants have a variety of reasons for asking for appeals. Some commonly accepted grounds include:
- A judge’s abuse of discretion
- Ineffective counsel
- Error of law
- Error in sentencing
- Improper jury conduct
- Prosecutorial misconduct
You can’t just say that you didn’t like the outcome of your case. If you can argue that one of the above factors affected your case’s outcome, that can make a difference.
Can I Introduce New Evidence in an Appeal?
You are not trying the case again when you ask for an appeal. So you don’t get to introduce evidence or bring in witnesses who didn’t participate in the original case. The court will review transcripts and examine the lower court’s decision.
You do have to make it clear why you have chosen certain grounds for appeal when you appear in court. If you are accusing a judge of abusing their discretion or a previous defense attorney of being ineffective, you need to be prepared to say why. A lawyer can help you formulate your arguments.
Can the Prosecution Appeal if I Get Acquitted?
No. While you have the right to appeal if your case doesn’t go your way, the prosecutor does not. This would be a violation of double jeopardy. You cannot be prosecuted twice for the same crime and that’s what a prosecutor’s appeal would essentially be.
So do not worry that you will leave court after a “not guilty” verdict and then end up having to go through this harrowing experience again. If our lawyers can successfully defend you in court, you will not have to worry about being charged with these same crimes again just because the state didn’t get its way the first time. Just remember that this does not protect you from being prosecuted for different, similar crimes in the future!
What Are the Possible Outcomes?
After you make an appeal, there are a few possible results. The court can:
- Affirm the decision, upholding your conviction and sentence
- Overule the decisions
- Modify your sentence
- Send your case back to trial court
Talk to an Experienced Criminal Defense Attorney
If you are facing criminal charges, contact Mudrick & Zucker. When you schedule a consultation, our team will hear you out and learn everything that we can about your case. Then we’ll get to work on a defense.
