James M. Wagman, Attorney at Law
Call Today For A Free Initial Consultation
518-291-4803

Basis for appealing a criminal conviction or sentence


The results of a criminal trial are not always the final say in a criminal case. If a defendant does not agree with the conviction, an appeal could be filed regarding the conviction or the sentence.

What is the basis for appealing a criminal conviction or sentence? When a defendant seeks to file an appeal, the defendant must demonstrate that an error was likely made at the trial court level. Moreover, the error must have been substantial. If it is determined that the error was harmless or one that is unlikely to have made a substantial impact on the result of the trial, it is unlikely that this will serve as a basis for appeal.

There are two major grounds for appeal. First, the lower court made a serious error. This is also referred to as plain error. Even if these errors were not brought up during the trial of the lower court, these errors affecting the defendant's substantial rights could form a basis for appeal. Also, many of these errors might go unnoticed during the trial process, only being uncovered after the verdict has been rendered.

The second basis is that the weight of the evidence in the case does not support the verdict. This can be more difficult to show in the appeal process, and it requires the appellate court to review the transcript of the trials. Unfortunately, this often means that the appellate court will never hear the actual testimony of the witnesses, the presentation of evidence or the opening arguments of the parties. In order to be successful with this ground for appeal, the error or misjudgment of evidence must be egregious.

Filing for an appeal can be a difficult decision to make. Defendants should understand the grounds for an appeal and how to go about the process. All defendants are afforded criminal defense rights and should be fully aware of these options in order to make informed decisions.

Source: Criminal.findlaw.com, "The Basis for a Criminal Appeal," accessed Sept. 14, 2015

No Comments

Leave a comment
Comment Information
Email Us For A Response

Reach Out Today. Contact
James M. Wagman for a
Free Consultation.

Before trying to handle any of your legal matters alone, no matter how seemingly minor, speak with me today to learn how I can help you secure the best possible outcome. To schedule a free consultation, please call 866-901-8742 or 518-291-4803. You can also reach me via email.

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

google map image
James M. Wagman, Attorney at Law

Catskill Office:
11 William Street
Catskill, NY 12414

Toll Free: 866-901-8742
Phone: 518-291-4803
Fax: 518-943-9186
Catskill Law Office Map

Contact Us:

Email Our Firm