Criminal charges, convictions, and sentencing are difficult and challenging situations. If you have been wrongfully convicted or your right to a fair trial has been undermined, appealing may be an option. A Rochester appeals lawyer helps individuals who find themselves in these unfortunate situations fight for the justice they deserve.
Our experienced criminal defense attorneys may thoroughly review your or your loved one’s criminal case to determine the most effective strategy for your situation. By applying the law and identifying all possible grounds for appeal, we can help you effectively petition for an appeal. Meet with us to learn more about how we can help.
Appeals can occur following a decision during a trial, after a conviction, and after sentencing. When an appeal is filed while a criminal case is still ongoing, this is called an interlocutory appeal. These appeals challenge a non-final order in a criminal case, such as a judge’s decision to admit certain evidence. Interlocutory appeals are rare but can be a useful strategy for defending against charges.
A person may also appeal a conviction or appeal a sentence. Defendants have a right to appeal if they believe there were issues that implicated their right to a fair trial, such as errors or lack of sufficient evidence to support the conviction.
An attorney can investigate and determine whether there are grounds for an appeal. The criminal appeals process in Rochester requires a comprehensive and thorough approach, so it is vital to have legal representation with a strong knowledge of criminal law.
As previously stated, individuals have a right to appeal for several reasons. Some common grounds for appealing a criminal conviction or sentence include:
In order to appeal a specific issue, it must be properly preserved during the criminal case. This means making objections to errors and filing appropriate motions. Creating a strong record is crucial if an appeal becomes necessary.
According to the Minnesota Court Rules of Criminal Procedure, to appeal a criminal conviction, a person must file a notice of appeal within 90 days of the conviction for felony and gross misdemeanors and 30 days for misdemeanors. The appeal must be filed with the court of appeals and include proof of service on the prosecutor, Minnesota attorney general, and the trial court administrator.
Similarly, a defendant has just 90 days to appeal a felony sentence and 60 days to appeal a denial of postconviction relief.
It is crucial to understand the deadlines for filing appeals and include all required documentation when making an appeal. An appeals lawyer in Rochester can help determine the deadlines and file an appeal in time.
Other forms of post-conviction relief include filing a writ of habeas corpus. This is available to individuals who are imprisoned and are seeking relief from imprisonment. According to Minnesota Statutes § 589.04, a habeas petition must contain the reason why the person deserves relief. These grounds may be similar to other post-conviction appeals.
Filing a writs of habeas corpus can be challenging without legal counsel. It is crucial that all required information is included in the petition and it is filed with the appropriate court.
An attorney can ensure that a person’s petition is accurate, follows all legal requirements, and is filed in a timely manner.
Trust a dedicated Rochester appeals lawyer at Kohlmeyer Hagen, Law Office Chtd. to help you file an appeal. We can review your conviction and the trial record to determine whether there are grounds for appealing your conviction or sentence.
We offer payment plans for criminal cases, making it easy for you to get the legal representation you need. Get in touch with us today.
