Toledo Direct Appeal Attorney
Do You Have Grounds for a Criminal Appeal in Ohio?
If you have been convicted of a federal or state crime, you have the right to challenge the trial court’s decision by filing a direct appeal. However, just because you have the right to, does not mean that you can. You cannot simply file an appeal because you are unhappy with the outcome of your trial. You must have appropriate legal grounds. There must have been some type of legal error made during your trial that affected the verdict.
Our Toledo direct appeal attorneys at Patituce & Associates can help you file an appeal if:
- You had ineffective defense counsel during your trial
- There was insufficient evidence to establish your guilt
- The outcome of your case was impacted by juror misconduct
- There were improper instructions given to the jury members
- You suspect that your case was affected by prosecutorial misconduct
Contact us online or call (440) 771-1175 now for a free consultation with a Toledo direct appeals lawyer.
What is The Direct Appeal Process?
You do not have forever to file a direct appeal. In Ohio, you must notify the court that you wish to appeal the decision within 30 days of the date of the final judgment. To begin the appeal process, you will need to submit several forms to the trial court clerk.
The documents required for a direct appeal include:
- Notice of appeal
- Docketing statement
- Praecipe
Once your documents are filed, a panel of appellate judges will review your case. During their evaluation, they will consider the legal grounds for the appeal and analyze the trial court record. They will also read the brief you submitted, which sets forth your arguments for an appeal, identifies where the error occurred during the trial, and lists all the laws that are relevant to your case. The court does not consider any new evidence or hear any witness testimonies. In some cases, the judges will decide to hear oral arguments from both you and the opposing side.
How Can the Court Respond To My Appeal?
After the appellate court reviews your case, it will make a decision regarding what should be done with your conviction. There are three main ways the court can respond to your request.
The potential outcomes include:
- Reversal: If the appellate judges agree with your argument that a legal error occurred, they can reverse the judgment of the lower court, and your conviction may be vacated. The appellate court has the authority to enter a new judgment or send the case back to the lower court with instructions to dismiss the original action, change its decision, or retry the case.
- Modification: If the appellate court deems that certain parts of your trial were improper, it can choose to modify the trial court’s decision by correcting those specific aspects.
- Affirmance: If the appellate judges do not find a legal error in your original trial, they will affirm the judgment made by the lower court, and the sentence will stand.
Let Us Help You File an Appeal
The direct appeal process is challenging and it does not always work. In order to be successful, you need to present a compelling argument that is based on a thorough knowledge of post-conviction laws and processes. At Patituce & Associates, our Toledo direct appeals lawyers have over 70 years of combined experience helping people get their sentencing reduced or dropped altogether. We would love the opportunity to help you fight for the second chance at justice that you deserve. To work with a team of criminal defense attorneys that works relentlessly towards favorable outcomes, call (440) 771-1175 today. We refuse to lose.
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- Martha L.
Seeking representation for federal charges against my husband led me to engage with an attorney from this firm. Swiftly connected with Joe Patituce, we made the decision to enlist his services that very day, a choice we're grateful for.
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- Cora B.
Their friendly and approachable team provided unwavering support. They worked diligently to build a robust defense, ensuring my side of the story was heard and considered!!!
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- Former Client
Cate Purdum was present, attentive, always returned my calls (I had attorneys before who never call you back), answered my questions and never ignored my calls. If I ever need an attorney in the future I will definitely go back to her.
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- Roberto M.
Catherine Meehan did an amazing job. Very responsive, friendly, and obviously very good with words. She kept me out of jail and home with my kiddo. For that I can't ever repay the favor. Much appreciated hope I never need your assistance again but if so I'll definitely give you a call. Thank you again.
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- Thomas S.
I am very satisfied with Rachelle and Joe they were talking me through my whole case and when I told them I wanted a trial they agreed and said let’s go to trial with out hesitation they were very professional and I couldn’t ask for a better law firm to have my back in my court case thank you Rachelle and Joe I highly recommend them to everybody
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- Levi G.
Joe helped my brother beat a serious RICO charge. He is simply the best criminal defense lawyer out there, and provides a clear-cut path to victory. I am extremely impressed and thankful for the hard work and dedication the team at Patituce & Associates put in on this case. It feels great to come out on the winning side, and not have to sweat a thing during the whole process. I highly recommend hiring Joe and his expert staff if you ever find yourself in any legal trouble. Thank you Joe!
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So kind and helpful! Don’t know what I would’ve done without him. Joe was kind and informative throughout the whole- Maddy P.
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- Glenn G.
I engaged Joe Patituce's services for my DUI case in Rocky River, and I couldn't have made a better choice. He and his team demonstrated excellence throughout, managing my case with remarkable skill and professionalism.
