Charlotte Criminal Lawyer Blog
Appealing a Criminal Conviction FAQ
When you have been found guilty of a crime, you will face a number of penalties that could include fines, probation, community service, and jail time, among other punishments. If you feel you were wrongly convicted, you may be able to appeal it. You likely have some questions about the appeal process and whether you can appeal your conviction.
What Are the Grounds for Appealing a Criminal Conviction?
If you want to appeal your criminal conviction, you must have legal grounds to do so. Legal grounds for appeal include errors that were made during the trial process, procedural errors, or prejudicial errors, as well as ineffectiveness of counsel. Once you submit an appeal, the court will review the original documents and transcripts from the trial to determine what, if any, mistakes were made.
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How Soon Do I Need to Appeal a Conviction?
There is a very limited time allowed to appeal a criminal conviction in North Carolina. You must file a Notice of Appeal no later than 14 days after the conviction. If you miss the deadline to file an appeal, you lose your ability to appeal your case. Therefore, you need to take immediate steps to file the notice of appeal.
How Do I File a Notice of Appeal?
There are two main ways to file a notice to appeal. You may immediately tell the judge in court that you are filing a notice of appeal. This is done orally at the time of the finding of guilt. Alternatively, you may file a Notice of Appeal in writing with the clerk of the court or district attorney no later than 14 days following a conviction.
What Information Do I Need for My Appeal?
After you file a Notice of Appeal, the court reporter will prepare a transcript of the entire trial. Your attorney will need this transcript as soon as possible. Your lawyer will review the transcript to locate errors or other issues that can be used in court to support your request for an appeal. Your attorney will use the information to create a record of appeal.
What Happens Next?
The record of appeal is a document prepared by your attorney. It contains the details of the legal issues for which an appeal is warranted. The record of appeal will be provided to the district attorney for their review. Then, the record of appeal is sent to the North Carolina Court of Appeals. They will review the case and determine whether errors were made that allow for an appeal. If they agree that judicial errors were made, they may make a change to the sentence, order a new trial, or overturn the conviction.
Do I Need An Attorney to Appeal My Conviction?
Appealing a conviction can be extremely challenging, and it requires extensive legal knowledge. While the law does not require you to have legal representation, it is strongly advisable to seek legal counsel for the appellate process. Choose an attorney with appellate experience. Your lawyer understands the necessary steps and will guide the process.
To learn more about appealing a criminal conviction, contact us at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
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