QUESTION

If you go to court and are convicted of an offense is it a done deal? Can you appeal the sentence?

Asked on Feb 17th, 2000 on Criminal Law - Ohio
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If you go to court and are convicted of an offense is it a done deal? Can you appeal the sentence?
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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There are two ways you can be convicted of a crime. One is if you plead guilty. The other is if a judge or jury finds you guilty after a trial. If you are found guilty after a trial, you have the right to appeal both your conviction (the finding of guilt) and your sentence. In federal court, there is a ten day time limit on filing a notice of your intent to appeal a conviction or sentence. In state court, the time limits vary from state to state. If you pleaded guilty, you may not be able to appeal your conviction (unless you try to withdraw your guilty plea, for which special rules apply) but you can appeal your sentence, if the sentence is illegal or if it was higher than you and the prosecutor agreed to in a plea bargain, and the Court agreed to the terms of the bargain before sentencing you. Generally, for a sentence to be illegal, it has to be higher than that allowed by law, which is rare. In addition to any right you have to appeal, most states provide a period of time such as 120 days for you to request a reconsideration of your sentence on general mercy grounds. You may also try to have your conviction and/or sentence set aside (generally within certain time limits) on the grounds that the conviction or sentence violated one or more of your constitutional rights or that new evidence has been discovered since your trial. For newly discovered evidence, you will likely have to show that you couldn't have reasonably found out about it before trial, and that if it was presented at a new trial, it would likely result in a different verdict. Your best bet is to contact a criminal defense lawyer in your state who can review the facts of your case with you and advise you of your available options.
Answered on Feb 17th, 2000 at 12:00 AM

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