Post-ConvictionOffenders convicted at trial have the right appeal their cases. This means the entire case, from investigation through sentencing, can be reviewed by a higher (appellate) court. The defense submits a written brief taking into account the areas where errors may have occurred. Common reasons for appeal include an invalid arrest, improperly admitted evidence, and incorrect jury instructions. Some offenders also may appeal the length of their sentences. The prosecution submits a brief responding to the offender’s arguments. These briefs, along with a transcript or tape of the trial, go to the appellate court for review. The attorneys also may present oral argument in front of the court. The appellate court may either affirm the conviction or overturn the trial court decision. If the court overturns the conviction, the prosecutor sometimes retries the case during post-conviction. A convicted offender also may ask the trial court judge to modify the sentence or overturn the conviction. The offender may argue that the defense attorney was not effective, new evidence has been discovered, or the judge misunderstood the law. Sometimes new evidence and testimony is supplied to support a motion for this type of post-conviction relief. The appellate and post-conviction process may take quite some time and may add to your aggravation with delay. You have the right to be notified about these proceedings and to attend them if you have registered with the prosecutor’s office for notification. However, most appeals are won by the prosecution. Many victims feel enlightened if they allow the burden of the appeal to rest with the prosecutor, and spend the waiting period working on their own recovery process. If you have questions about the post-conviction procedure, ask one of our expungement lawyers for further information. CLICK HERE For A Qualified Expungement Lawyer
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