Can All Crimes be Appealed in Ohio?

If you believe you were unfairly convicted of a crime or think a mistake was made, you have the option to appeal your conviction. An appeal is a legal process in which a higher court reviews a decision made by a judge in a lower court.

In many ways, requesting an appeal is your opportunity to overturn your conviction and set the record straight.

Appealing a Conviction

Though Ohio has laws regarding which convictions are eligible for expunction or sealing, any criminal conviction is subject to an appeal, including a felony, any type of federal crime, white-collar crimes, drug crimes, sex crimes, or violent crimes. While appeals are mostly for convictions, it’s possible to file an appeal if you don’t agree with the sentence that’s been handed down in your case.

During the appeals process, your attorney will work to convince the higher court that the wrong decision was made, either by the judge or trial jury, in your conviction.

Key Factors to Know

If you’re interested in appealing your conviction, it’s important to know that:

In most situations, a person can only file an appeal after there has been a final ruling in their case — i.e. they have been convicted of a crime. Though there are a few rare exceptions, a person typically can’t file an appeal while their case is ongoing.
Filing an appeal does not suspend your sentencing. For example, if a person were convicted of a crime and sentenced to five years in jail, they would still have to begin their prison sentence while the appeal is reviewed.
New evidence can not be introduced when appealing a case. Higher courts can only review the evidence that was originally presented.
Appeals take time. Depending on the details and time-sensitive nature of your case, it can take anywhere from several months to a few years before a decision is made.

Do you feel as though there was an injustice done or that errors were committed in your defense? Call the skilled Columbus criminal defense attorneys of The Meranda Law Firm LTDtoday at (614) 707-4239 to learn more about appealing your case.