What Are the Legal Grounds for Criminal Appeal?

Facing a criminal conviction is undoubtedly one of the most difficult moments in anyone’s life. However, it’s important to know that your conviction doesn’t necessarily mark the end. If errors were made during your trial, you may have the right to appeal. A criminal appeal gives you the chance to challenge the outcome of your case based on legal grounds. At the Law Offices of Bradley J. Friedman, I help individuals like you explore their rights and options for appeal. With my experience as both a former prosecutor and a seasoned defense attorney, I am prepared to carefully evaluate your case and advocate for the best possible outcome. 

The Defendant’s Right to Appeal

Every defendant has the right to appeal a criminal conviction so the trial’s outcome is fair and legally sound. Courts recognize that errors—procedural, legal or otherwise—can happen during a trial. An appeal allows those errors to be reviewed and corrected if necessary. 

It’s important to note that an appeal isn’t a chance to present new evidence or re-argue the facts. Instead, appellate courts focus on the legal issues from the trial. Filing an appeal means arguing that a significant mistake in your case affected the outcome. If the court agrees, the conviction can be overturned or the sentence adjusted.

Legal Grounds for Criminal Appeal

Procedural Errors

Procedural errors are one of the most straightforward reasons for an appeal. Examples include mistakes in jury instructions, wrongful admission of evidence or violations of a defendant’s constitutional rights during the trial. For instance, if the evidence against you was obtained through an illegal search or seizure, that violation may serve as a valid basis for your appeal. Procedural errors undermine the fairness of a trial and often warrant appellate review. 

Ineffective Assistance of Counsel

The Sixth Amendment guarantees your right to effective legal representation. If your attorney’s actions—or lack thereof—were so inadequate that they impacted the outcome of your trial, you could have grounds for appeal. Examples may include an attorney failing to investigate critical evidence, omitting key witnesses or providing fundamentally flawed advice during the trial. Proving ineffective assistance of counsel requires demonstrating both the mistakes made by your lawyer and how those mistakes affected your case. 

Sentencing Errors

Judges must follow strict legal guidelines when imposing sentences. If the sentence you received was not in line with these rules or is deemed excessive, an appellate court may order a reduction. Likewise, if errors were made in calculating sentencing enhancements or penalties, those errors may be addressed during an appeal. 

Limitations of Criminal Appeals

Appeals can offer hope, but it’s important to have realistic expectations. Not every appeal results in a new trial or reduced sentence. Appellate courts require strong evidence of a significant legal error that impacted the case outcome. Strict timelines mean filing quickly is crucial. Judges value finality in criminal cases, so appeals are carefully reviewed and must be based on solid legal grounds. The appeals process can take months or longer, so patience and persistence are essential.

Contact My Law Office Today

If you believe an error affected the outcome of your case, don’t wait to explore your options. Filing an appeal and navigating appellate court is a complex process, but with the right legal guidance, you can give yourself the best possible chance at a fair outcome. At the Law Offices of Bradley J. Friedman, I bring a deep understanding of both the prosecution’s tactics and the defense’s needs to help you receive a thorough evaluation of your case. Contact me today to schedule a consultation.