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After a conviction, you can choose to appeal your case

A criminal conviction is damaging to your reputation. If you are convicted of a drug crime, it could mean that you never work as a doctor again, since you put patients and others at risk in the eyes of the law. If you don't agree with your conviction, it is possible to seek an appeal. Your license could be at risk, so an appeal may be an option to pursue.

When does a court overturn a conviction?

In most cases, a court will only overturn a conviction if the court did something that affected the outcome. For example, if evidence was introduced that was supposed to be sealed, your attorney could argue that there was a mistrial and ask for the conviction to be reversed. A coerced confession is another example of something that could lead to your case being overturned.

What happens if an appellate court overturns a conviction?

It's likely that you will need to go to trial again to have the case retried. Even if you have a successful appeal, it doesn't guarantee that you won't be convicted the second time. Criminal appeals that are filed because of misused evidence, for instance, may still be retried. You remain guilty if the prosecution can convince the jury of your guilt, even without the evidence used in the first trial.

Appealing your case can help you get a retrial. In a retrial, you and your attorney can work together to find a defense that can help you have the case dismissed, prove your innocence or convince the court to give you a lighter sentence.

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
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