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Do you have grounds for a criminal appeal?

If you are convicted of a crime, it doesn't mean that it will stand. There is always the chance that you could go through the criminal appeal process to have it overturned. This is not always easy, and in some cases, it is not even possible.

In order for an appellate court to hear a criminal appeal from a lower court, you must prove that some type of error was made. Furthermore, the error must be considered "substantial." Those that did not have an impact on the result are not grounds for a reversal.

There are two basic grounds for filing an appeal:

-- The evidence does not support the verdict.

-- There was some type of serious legal error made by the lower court.

A plain error is one that impacts the defendant's rights, even if it was not brought up during the trial.

Whether or not you have grounds for criminal appeal is based on what happened during the trial, as well as the overall picture associated with the case. In the event of a conviction, it makes sense to search for grounds that could lead to an appeal.

Nobody wants to be charged with a crime, let alone convicted. Here is the good thing: If a conviction happens, there is always the chance that an appeal could lead to it being overturned by a higher court.

Don't go into the legal process with the idea that you will file an appeal. If the time comes, however, you should understand that this is an option to consider.

Source: FindLaw, "The Basis for a Criminal Appeal," accessed Nov. 05, 2015

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Robert D. DiDio
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8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
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