Criminal Appeals Attorneys in Columbus, Ohio

If you're facing the consequences of a criminal conviction, it's essential to explore all available legal options. The criminal appeals attorneys at Wolfe Law Group in Columbus, Ohio, are dedicated to advocating for individuals who seek to challenge their convictions. 

With extensive experience in working through the challenges of the appellate process, the firm’s attorneys thoroughly review case details to identify potential errors, protect your rights, and pursue the best possible outcome. 

Whether you're seeking a sentence reduction or a complete reversal of your conviction, Wolfe Law Group aim to provide the legal guidance you need through this difficult time.

What Is a Criminal Appeal?

A criminal appeal is a legal process where a defendant who has been convicted of a crime seeks to have their conviction or sentence reviewed by a higher court. The defendant doesn't get a new trial during an appeal, nor do they present new evidence. 

Instead, the appellate court examines the trial court's record—such as the proceedings, motions, evidence presented, and legal rulings—to determine if errors occurred that could have affected the outcome of the case.

In Ohio, the criminal appeals process typically involves two stages: the trial court proceedings and the subsequent appeal to the Ohio Court of Appeals or, in some cases, the Ohio Supreme Court. The goal is to identify errors of law that may have prejudiced the defendant's case and to correct any injustices.

How Does a Criminal Defense Attorney Appeal My Case?

While trial defense attorneys focus on defending clients during the trial phase, appellate defense attorneys are tasked with reviewing the trial record, identifying legal errors, and presenting arguments to the appellate court. 

This is a distinct skill set, as appellate work focuses heavily on legal research, writing, and oral argumentation rather than presenting live testimony or evidence.

Criminal defense lawyers who handle appeals must be highly knowledgeable about the specific legal grounds that can form the basis of an appeal. They must thoroughly understand Ohio's criminal laws, the rules of evidence, the standards of review applied by the appellate courts, and the grounds for appeal.

What Are the Grounds for Appeal in Ohio?

In Ohio, there are several potential grounds for filing a criminal appeal. Some of the most common grounds include:

1. Errors in the jury instructions: If the trial judge provided incorrect or misleading instructions to the jury, or failed to explain the law in a way that could have influenced the verdict, this may constitute a ground for appeal.

2. Improper admission or exclusion of evidence: The improper admission of evidence that should have been excluded, or the wrongful exclusion of evidence that could have supported the defendant’s case, may provide grounds for an appeal.

3. Ineffective assistance of counsel: If the defendant’s trial attorney provided inadequate or deficient representation, resulting in prejudice to the defendant, this could be a basis for appeal. Claims of ineffective assistance are often raised when trial attorneys fail to investigate crucial evidence, make improper objections, or miss key procedural deadlines.

4. Procedural errors: If there were procedural errors in the trial, such as a failure to properly follow legal protocols, this could lead to an appeal. These could include things like errors in the pretrial process, jury selection, or mishandling of legal motions.

5. Sentencing errors: A defendant may challenge their sentence if the trial court imposed an unlawful or excessively harsh sentence. This could include challenges to sentencing guidelines or the application of mandatory minimum sentences.

6. Constitutional violations: Violations of constitutional rights during the trial, such as illegal searches and seizures, self-incrimination violations, or lack of due process, are common grounds for criminal appeals in Ohio. Defendants may argue that their rights were violated during the investigation, trial, or sentencing.

7. New evidence: Although criminal appeals aren't a second trial, in some cases, new evidence may emerge that impacts the fairness of the original trial. In rare instances, a defendant may seek post-conviction relief based on newly discovered evidence that could exonerate them or cast doubt on their guilt.

Once the attorneys of Wolfe Law Group have established that you have sufficient grounds for appeal, you may begin the appellate process.

What Does the Appellate Process Involve?

The criminal appeals process in Ohio typically follows a series of steps, each of which requires careful attention to detail. These steps include:

1. Notice of appeal: The first step in filing an appeal in Ohio is the filing of a "notice of appeal" with the trial court. This must be done within 30 days after the sentencing or final judgment in a criminal case. The notice is a formal declaration of the defendant’s intent to appeal the conviction or sentence.

2. Preparation of the record: Once the notice of appeal is filed, the trial court prepares the record of the case, including transcripts of the trial proceedings, motions, and rulings. This record is essential for the appellate court to review the trial court’s decisions.

3. Appellant’s brief: After receiving the record, the appellant (defendant) files an appellant’s brief, which is a written argument explaining why the trial court’s decision was erroneous. This brief typically highlights legal errors, presents relevant legal precedents, and makes a case for why the appellate court should reverse the conviction or sentence. The brief must adhere to specific formatting and procedural rules established by the Ohio Rules of Appellate Procedure.

4. Appellee’s brief: After the appellant’s brief is submitted, the prosecution has the opportunity to file an appellee’s brief. This brief defends the trial court’s ruling and argues that the conviction or sentence should be upheld. The appellee may address the errors raised by the appellant and attempt to convince the appellate court that the conviction was correct.

5. Oral argument: While not always required, both parties may be granted the opportunity to present oral arguments before the appellate court. During oral arguments, the defense attorney and the prosecutor have the chance to further explain their positions, answer questions from the judges, and clarify legal issues raised in the written briefs.

6. Appellate court review: After considering the briefs and any oral arguments, the appellate court will review the case to determine if there were errors that impacted the defendant’s rights. The appellate court has several options, including:

   • Affirming the conviction: The court may uphold the trial court’s decision, leaving the conviction or sentence intact.

   • Reversing the conviction: The court may reverse the conviction, finding that an error occurred during the trial that prejudiced the defendant.

   • Remanding the case: The appellate court may send the case back to the trial court for further proceedings, such as a new trial or resentencing.

   • Granting a new trial: If substantial errors occurred, the court may order a new trial.

7. Further appeals: If the defendant is dissatisfied with the decision of the Ohio Court of Appeals, they may seek further review by the Ohio Supreme Court. The Supreme Court, however, is selective in the cases it chooses to hear, focusing on matters of legal importance or statewide impact.

To better understand how an appeal may impact your case, it’s important to familiarize yourself with the role of the Ohio Court of Appeals in the appellate process.

What Is the Ohio Court of Appeals?

In Ohio, criminal appeals are initially heard by one of the 12 districts of the Ohio Court of Appeals. Each district is comprised of multiple counties, and appeals are reviewed by a panel of judges from that district. 

The Ohio Court of Appeals is an intermediate appellate court, and its decisions can be appealed to the Ohio Supreme Court, which is the highest court in the state.

The Ohio Court of Appeals has a critical role in shaping Ohio’s criminal law. The appellate judges often interpret and apply laws, set precedents, and issue rulings that impact future criminal cases. As such, they have the authority to shape legal principles surrounding criminal defense in Ohio.

Is There Post-Conviction Relief in Ohio?

In addition to the traditional appeals process, Ohio law allows for post-conviction relief, which is a process by which a defendant can challenge their conviction after their direct appeal has been denied. 

Post-conviction relief often arises when new evidence is discovered, or when a defendant claims that their attorney was constitutionally ineffective. This process typically occurs in the trial court, and the defendant must file a petition for relief.

Criminal appeals in Ohio are a vital part of the state’s criminal justice system, providing a means to rectify errors made during trial proceedings. Given the challenging nature of the appellate process, anyone facing criminal charges in Ohio should consider consulting an experienced criminal defense attorney who understands the appellate system and can work through it effectively to seek a favorable outcome.